Mayor and City Council
December 4, 2024

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, DECEMBER 04, 2024
4:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 384­5002 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 13
A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuantto Government Code Section 54956.9(a) and (d)(1):
i.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura, deceased et al. v. City of San Bernardino, United States District Court Case No. 5:22­cv­00277­JGB­SP and United States Court of Appeals for Ninth District Case No. 24­2445
ii.) Brian Gonzalez v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2402471
iii.) Maria Munoz v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVSB2321082
iv.) Livier Coronel v. City of San Bernardino, et al., United States District Court Case No. 5:23­cv­01030­JGB­SP
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d) (2)).

One case: Notice of Claim, Jorge Cardoso, dated April 2, 2024, Claim No.

GHC0068326.

C) PUBLIC EMPLOYEE DISMISSAL (PURSUANT TO GOVERNMENT CODE SECTION 54957) – Mayor’s Request
Title: City Attorney

D) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT CODE SECTION 54957) – Mayor’s Request
Title: Interim City Attorney
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

PRESENTATIONS

1. Presentation on Broadband Strategic Master Plan (All Wards) Pg. 14

CONSENT CALENDAR

2. Accept Grant Funds from Best Friends Animal Society Pg. 27 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­228:

1. Authorizing the City Manager to accept grant funds from Best Friends Animal Society; and

2. Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $2,000 in both revenues and expenditures for animal shelter programs and services.

3. Regional Partnership Amendment No. 1 to Modular Office Building Purchase for Animal Services (All Wards) Pg. 39
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­229:

1. Authorizing the City Manager to Execute Amendment # 1 to the Goods Purchase Agreement with William Scotsman, Inc. in the amount of $13,132.62 to accommodate a price adjustment to include prevailing wages on the purchase of a modular building for Animal Services, and

2. Authorizing the Director of Finance and Management Services to amend the purchase order to William Scotsman, Inc., in an amount not to exceed $440,000.00.

4. Acceptance of the Encampment Resolution Fund Grant from the California Department of Housing and Community Development in the amount of $4,569,511 for a 5.2­mile prioritized encampment area along Waterman Avenue Pg. 76 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2024­230 of the Mayor and City Council of the City of San Bernardino, approving the acceptance of the Encampment Resolution Fund Round 3 (ERF­3­R) Grant from the California Department of Housing and Community Development (HCD) in the amount of $4,569,511;and Mayor and City Council of the City of San Bernardino Page 4

2. Ratify the execution of the Encampment Resolution Fund Round 3 (ERF­3­ R) Standard Agreement between the City of San Bernardino and HCD; and

3. Authorize the Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the ERF­3­R Program by appropriating $4,569,511 in both revenues and expenditures; and

4. Approve the addition of the ERF­3­R grant­funded positions: one (1) Homeless Outreach Coordinator, three (3) Homeless Outreach Specialists, and one (1) part­time Homeless OutreachSpecialist.

5. Authorize the City Manager or designee to enter into direct agreements with VARP, Inc. for interim housing services ($771,600) and
prevention/diversion services ($100,000), and with Community Action Partnership for mobile shower and laundry services ($450,000).

6. Authorize the City Manager or designee to take any further actions or execute any agreements or documents necessary to administer theERF­3­ R

5. Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services (All Wards) Pg. 158 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­231 authorizing:

1. The City Manager, or designee, to execute a Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services for an amount not to exceed $362,316, and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2027; and

2. The City Manager, or designee, to execute the two (2) optional one (1) year extensions with an amount each year not to exceed $120,772.

6. Professional Services Agreement with Gallagher Benefit Services, Inc. for Classification and Compensation Study Services Pg. 270
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with Gallagher Benefit Services, Inc. for classification and compensation study services.

7. Acceptance and Approval of Modernization of Older Californians Act/Nutrition Services Grant Award FY 2024/25 (All Wards) Pg. 289
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­232:

1. Authorizing the City Manager or designee to accept grant award funds in the amount of $99,900 from the San Bernardino County Department of Adult and Aging Services – Public Guardian Modernization of Older Californians Act (MOCA)/Nutrition Services Grant; and

2. Authorizing the City Manager or designee to conduct all negotiations, signing, and submitting necessary documents to receive the grant award funds; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $99,900 in grant award funds to be used towards intergenerational activities and infrastructure improvements.

Mayor and City Council of the City of San Bernardino Page 5

8. Accept the FY 2024/2025 Tobacco Grant (All Wards) Pg. 718 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­233 authorizing:

1. The City Manager to accept the FY 2024/25 Department of Justice Tobacco Grant by signing the Memorandum of Understanding (MOU) from the Department of Justice (DOJ).

2. The Interim Director of Finance and Management Services to amend the FY 2024/25 budget by appropriating $301,015 in grant funds in both revenue and expenditures.

9. Execute a Third Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement for Police Services (Wards 2,3,4,7) Pg. 729 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­234 authorizing:

1. The City Manager to execute a 3rd Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement entering into a police services agreement until December 31, 2028.

2. The Interim Director of Finance and Management Services to amend the adopted FY 24/25 budget for the amount of $2,086,620 in revenues and expenditures.

3. Authorize the Police Department to increase staffing by one (1) Police Sergeant position and two (2) Police Officer positions.

10. Award of Agreement for Construction of Seccombe Lake Park Revitalization Improvements Project with Landscape Support Services and approval of Task Order Number 001 for Construction Management and Inspection Services with CSG Consultants, Inc. Pg. 784
(Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement Landscape Support Services in the amount of $10,539,509.65 for the Construction of the Seccombe Lake Park Revitalization (Project); and

2. Approve Task Order Number 001 with CSG Consultants, Inc., in the amount of $700,305.00 for construction management and inspection services for the project; and

3. Authorize the project construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60 for construction of the Project; and

4. Authorize the City Manager or designee to execute all documents with Landscape Support Services necessary to carry out the Project;and

5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete theProject.

6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Mayor and City Council of the City of San Bernardino Page 6

DISCUSSION

11. Acceptance of Donations for the SB HOPE Campus Pg. 983 Recommendation:

1. Approve the acceptance of donations from Loma Linda University Health (LLUH) in the amount of $70,000, from Inland Empire Health Plan (IEHP) in the amount of $1.5 million, and from Molina Healthcare in the amount of $300,000 to support the construction and/or operation of the SB HOPE Campus.

2. Adopt Resolution No. 2024­xxx; and authorize the Director of Finance to amend the FY 2024/2025 Operating Budget to both revenues and expenditures and the creation of a fund to track all donations.

3. Authorize the City Manager or designee to accept future donations on behalf of the City Council for the SB HOPE Campus to support the shelter's ongoing operations and services.

4. Authorize the City Manager or designee to execute all necessary documents related to accepting and utilizing these donations.

12. Navigation Center ­ Award Design Services and Purchase Agreement with Mandeville Modular for Site Design, Modular Design, and Purchase of Modular Units and Award Professional Services Agreement with CREDE Construction Advisory for Development Management Services (Ward 1) Pg. 1003 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve an Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027 (which includes a 15% contingency); and

2. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $10,093,027 to Mandeville Modular; and

3. Approve a Professional Services Agreement with CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services of the Navigation Center; and

4. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $1,091,148 to CREDE Construction Advisory; and

5. Authorize the City Manager, or designee, to execute the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular and the Professional Services Agreement with CREDE Construction Advisory.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 18, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 7

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the December 4, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Tuesday, November 26, 2024.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 8 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Mayor and City Council of the City of San Bernardino Page 9 Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 10 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 11

ALTERNATE MEETING VIEWING METHOD
If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

Please note: Messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 12 This page was intentionally left blank.

Packet Page 13

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura, deceased et al. v. City of San Bernardino, United States District Court Case No. 5:22-cv-00277-JGB-SP and United States Court of Appeals for Ninth District Case No. 24-2445
ii.) Brian Gonzalez v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2402471
iii.) Maria Munoz v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVSB2321082
iv.) Livier Coronel v. City of San Bernardino, et al., United States District Court Case No. 5:23-cv-01030-JGB-SP
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)).

One case: Notice of Claim, Jorge Cardoso, dated April 2, 2024, Claim No. GHC0068326

C) PUBLIC EMPLOYEE PERFORMANCE DISMISSAL (PURSUANT TO GOVERNMENT CODE SECTION 54957) – MAYOR’S REQUEST
Title: City Attorney

D) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT CODE SECTION 54957) – MAYOR’S REQUEST
Title: Interim City Attorney

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Presentation on Broadband Strategic Master Plan (All Wards)
Recommendation:

Receive and file presentation from consultants, Michael Baker Inc. on the Broadband Strategic Master Plan. This project was funded by the California Public Utilities Commission (CPUC, Local Agency Technical Assistance (LATA) Grant Program.

Packet Page. 14
City of San Bernardino
Broadband Strategic Master Plan
November 6, 2024
Packet Page. 15
Project Overview
Broadband Strategic Master Plan 2
Goal: Develop a Broadband Strategic Master Plan
Steps Taken
• Conducted needs assessment
• Analyzed market and business models
• Explored cost and financing options
• Identified community needs and issues
• Developed recommendations
Packet Page. 16
Needs Assessment
Broadband Strategic Master Plan 3
Issues Analyzed
• Legal and Regulatory Authority
• Media Options
• Existing Infrastructure
• Network Ownership Risks
• Existing Challenges
Packet Page. 17
Comparison of Business Models
Broadband Strategic Master Plan 4
Potential Business Models
• Retail Subscription Service Provider Model
• Wholesale Model
• Open Access Model
• Advertisement Model
Recommendation: Open Access Model
Benefits of Open Access Models
• Ability to deliver value for investment
• Broadest segment of the population benefits
• Balanced approach
• Delivers the most significant infrastructure
development and community benefits
Packet Page. 18
Comprehensive Risk Analysis
Broadband Strategic Master Plan 5
Risk Assessment Phases
• Planning
• Design
• Deployment
• Operations
• Maintenance
Sample City-Specific Risks Analyzed
• Environmental Regulations and Compliance
• Construction Delays and Costs
• Permitting and Compliance
• Operational Restrictions
• Supply Chain Issues
Packet Page. 19
Cost Modeling
Broadband Strategic Master Plan 6
Assumed Costs & Return on Investment (ROI)
• $633 - $645 million total projected cost.

Includes: staffing, mainline fiber, electronics,
engineering and construction management,
and service drops
• Revenue exceeds network costs in Year 10
• 46 years to recoup ROI
• $19.5 million annual revenue
• $7.9 million budget
Packet Page. 20
Financial Options
Broadband Strategic Master Plan 7
Mix of Funding Recommended
• Revenue Bonds
• Utility Fees
• Public-Private Partnerships
Setting Up Public Private Partnerships For Success
• Careful planning, clear contractual
agreements, and ongoing collaboration
• Aligning interests and effective risk
management
• Focus on financial and social objectives
Packet Page. 21
Community Engagement
Broadband Strategic Master Plan 8
Engagement Approach
• Meaningful, diverse,
inclusive
Events & Information Sharing
• Taskforce
• Stakeholder roundtables
• Public meetings
Data Gathering
• Survey
• ISP interviews
• GIS mapping
Packet Page. 22
What We Learned
Broadband Strategic Master Plan 9
• Affordability is a key community
challenge
• Concerns about lack of provider
competition
• Reliability was identified as an
issue by residents and businesses
• Many students still rely on mobile
hotspots and cell phones for
access
• Cybersecurity is a longstanding
issue
Packet Page. 23
What We Learned Continued
Broadband Strategic Master Plan 10
FCC National Broadband Data
June 2023
• Ample infrastructure exists, but there
are still underserved areas
• Connectivity issues reported in the
northside, 6th ward, and Delmann
Heights
• Building a municipally-owned
network is not financially sustainable
or necessary
• It would take more than 45 years
to recoup the investment
Packet Page. 24
Recommendations
Broadband Strategic Master Plan 11
• Communicate and negotiate with
ISPs
• Encourage eligible entities to
apply for funding
• Pursue local partnerships to
address broadband adoption,
digital inclusion, and digital equity
• Support participation in California
LifeLine
• Advocate for closing the digital
divide
Packet Page. 25
Project Q&A
Thank you for the opportunity
to work with you!
Packet Page. 26

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Jasmine Glover-McNamara, Deputy Director of Animal Services Department: Animal Services
Subject: Accept Grant Funds from Best Friends Animal Society Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-228:

1. Authorizing the City Manager to accept grant funds from Best Friends Animal Society; and

2. Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $2,000 in both revenues and expenditures for animal shelter programs and services.

Executive Summary
On September 13th, 2024, Best Friends Animal Society issued unrestricted grant funding in the amount of $2,000 to the Department of Animal Services. The Department intends to utilize the funding to support enrichment programs, playgroups, volunteers and foster programs. These donated funds will help cover the cost of supplies for crucial animal shelter programs and services.

Background
On August 10th, 2024, Best Friends Animal Society invited local animal welfare leaders to attend the Best Friends Los Angeles Network Partner Summit. Animal Services Director, Kristine Watson, attended the event where an unrestricted grant opportunity was provided to all attendees.

Discussion
Acceptance of this grant requires the Department to continue submitting monthly data to Shelter Pet Data Alliance and provide Best Friends Animal Society with an itemized accounting of how these funds are spent. The performance period for this grant ends Packet Page. 27
on March 31, 2025.

The grant funding of $2,000.00 will be used by the Department to purchase items as needed to conduct playgroups at the shelter and to support adoption programs. These items may include martingale collars, leashes, toys, muzzles, E-Z Up‘s, spray bottles, storage bins, adopt me vests, backdrops for photos, and/or shelving for storage. The initiative to support playgroups and adoption programs align with Best Friends Animal Society mission to save more lives. Best Friends Animal Society has provided previous grant funding to the Department for foster, volunteer and rescue programs to support the expansion of these crucial programs and services. As a partnered organization with Best Friends Animal Society, the Department is eligible for ongoing grant opportunities that support lifesaving programs to increase the Department’s save rate. 2021-2025 Strategic Targets and Goals
The acceptance of this grant is consistent with Key Target No. 1: Improved Operational & Financial Capacity, through the opportunity for increased grant funding which will allow the Department to maintain animal shelter programs and services. The acceptance of this grant also aligns with Key Target No. 3: Improved Quality of Life through community involvement by allowing community members to volunteer for shelter programs. These programs give the Department an opportunity to educate and engage the community, building trust and increasing awareness.

Fiscal Impact
There is no fiscal impact to the General Fund for this item. The FY 2024/25 Operating Budget will be amended by $2,000 in grant funding for both revenue and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-228:

1. Authorizing the City Manager to accept grant funds from Best Friends Animal Society; and

2. Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $2,000 in both revenues and expenditures for animal shelter programs and services.

Attachments
Attachment 1 - Best Friends Animal Society Grant Agreement Attachment 2 - Resolution No. 2024-228
Ward:

All Wards
Synopsis of Previous Council Actions:

On September 18th, 2024, the Mayor and City Council adopted Resolution No. 2024- 202, authorizing the Department of Animal Services to accept grant funding in the Packet Page. 28
amount of 25,000 from Best Friends Animal Society.

On November 17th, 2021, the Mayor and City Council adopted Resolution No. 2021- 270, authorizing the Director of Finance to amend the FY 2021/22 budget to transfer $1,500 from the Animal Services Best Friends Revenue Fund to the Animal Services Best Friends Expense account for the purchase of volunteer tracking software for the Department.

On May 19th, 2021, the Mayor and City Council adopted Resolution No. 2021-102, accepting a grant award in the amount of $45,000 from Best Friends Animal Society for Animal Shelter Programs and Services.

Packet Page. 29
SPDA Version 1-2-24 1

BEST FRIENDS ANIMAL SOCIETY

GRANT AGREEMENT

BACKGROUND
Best Friends Animals Society (“BFAS”) is a 501(c)(3) nonprofit corporation based in Kanab, Utah, whose mission is No More Homeless Pets®. BFAS feels privileged to help save lives by working with organizations and agencies by providing funding for specific projects and/or needs.

Recipient (defined below) is a 501(c)(3) nonprofit animal welfare charity or a municipal shelter which has submitted a grant request to BFAS requesting to be awarded a grant pursuant to the scope of the program below.

This grant agreement (“Agreement”) will govern the terms of the grant (the “Grant”). The parties hereby agree to the following terms and conditions as of the date on which it is fully executed by both parties (the “Effective Date”). Each party shall be referred to herein individually as a “Party,” and collectively as the “Parties.”

AGREEMENT
Section 1. Project Description, Grant Amount and Term
Full Legal Name of the Recipient Organization: (“Recipient”)_____________________________________ EIN #: _____________________________
This is a one-time grant in the amount of: $
Description Project:

The Term of this Agreement, unless terminated pursuant to the language below will be from the “Grant Period” ______________________________ through _________________________________.

Grants will be provided in one-time payment with BFAS’ obligation to disburse funds conditional upon receipt of Recipient’s IRS Form W-9.

Section 2. Commitment from Recipient to BFAS
A. The earlier of six months of receipt of the Grant, Recipient agrees to provide a written report to BFAS describing the use of the Grant. Such report must include specific data, and a minimum of the “Publicity Materials” (defined below). These grant reports can include [DETAILS ON GRANT

OUTCOMES, SHELTER STATISTICS OF THE MUNICIPAL SHELTER(S) IMPACTED BY

THE GRANT (IF APPLICABLE), AMOUNT OF FUNDING SPENT TO DATE/ITEMIZED

ACCOUNTING OF HOW FUNDS HAVE BEEN SPENT, THE NUMBER OF CATS OR DOGS POSITIVELY IMPACTED AND EXAMPLES OF SUCCESSES.

B. Submit monthly data reporting through the Shelter Pet Data Alliance platform through the Term of this Agreement.

C. BFAS reserves the right to request detailed documentation on how the Grant funds were spent (including receipts if requested).

Docusign Envelope ID: 5D3CE0FE-8A94-4BAD-B146-8E318FE582AE San Bernardino Animal Services
2000
Network's LA Summit
September 13, 2024
95-6000772
March 31, 2025
Packet Page. 30
2 Section 4. Grant Branding Terms and Promotion
Recipient shall coordinate with BFAS regarding the promotion of the Grant. The Recipient agrees that BFAS may issue reports or statements to its members, the media and the public about the Grant and identify Recipient by name. This includes, but is not limited to websites, newsletters, press releases, magazine articles, blogs, and podcasts. The Recipient shall reasonably cooperate with BFAS network staff, volunteer team leaders, and news or magazine writers in the production of such news content. Neither Party may use the other Party’s logos, trademarks, or other intellectual property without express written permission of the other Party.

Section 5. Grant Recipient Representations and Warranties Recipient represents and warrants as follows:

A. Recipient is a qualified 501(c)(3) entity or government organization and is and will continue to be a BFAS Network Partner during the Term of this Agreement.

B. Recipient acknowledges that its animal welfare activities may be governed by a variety of federal, state, and local laws. Recipient hereby warrants that it shall use its best efforts to comply with all applicable laws and shall not knowingly violate same.

C. There are no claims, investigations, or proceedings in progress, pending or threatened against Recipient which, if determined adversely, would have a material effect on Recipient’s ability to fulfill its obligations pursuant to this Agreement and there are no claims, investigations or proceedings in progress, pending or threatened against Recipient which involve animal neglect or abuse.

D. The individual signing this Agreement on behalf of Recipient is legally competent to enter into this Agreement duly authorized to do so by the Recipient.

Section 6. Grant Restrictions
In addition to abiding by the requirement that the Grant funds be used in furtherance of the program described in Recipient’s grant application, Recipient specifically agrees that no portion of the Grant funds will be used for any of the following: (i) to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of any specific public election or participate or intervene in any political campaign on behalf of any candidate for public office or conduct, directly or indirectly; (iii) to support or oppose any elected official or candidate for public office or on any particular issue.

Section 7. Termination
Recipient may terminate this Agreement upon providing ten (10) business days written notice to BFAS in the event of the following events of default:
(i) By its actions or statements, BFAS materially harms Recipient as determined by Recipient in its reasonable judgment;
(ii) BFAS files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or ceases to operate as a nonprofit corporation.

BFAS may terminate this Agreement upon providing ten (10) business days written notice to the Recipient in the event of the following events of default:
(i) By its actions or statements, Recipient materially harms BFAS as determined by BFAS in its reasonable judgment:
(ii) Recipient files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or ceases to operate as a nonprofit corporation (if a nonprofit corporation); or Docusign Envelope ID: 5D3CE0FE-8A94-4BAD-B146-8E318FE582AE Packet Page. 31
3 (iii) Recipient fails to perform its commitments as set out in this Agreement.

Section 8. Photo, Video, Digital and Audio Release
Recipient grants to BFAS (including its employees, contractors and agents), the nonexclusive, perpetual, royalty-free right, license, and permission to photograph, video, and audio record any of Recipient’s programs or events, associated with the Grant for the duration of this Agreement and to use such materials in any manner including for identification purposes, to promote or report about BFAS events, activities and mission; to raise donations, or for other purposes. Recipient warrants to BFAS that it has received any permissions needed to grant such rights and will indemnify, defend, and hold harmless BFAS from any claim that its use of such materials as permitted in this Agreement infringes any third-party rights.

Recipient agrees to provide to BFAS, via email to the contact address provided by BFAS, with a minimum of 2 unique still photo/s and/or 2 video clip/s of no less than 30 seconds in length, in a format suitable for posting on social media platforms or websites (with the specific digital format mutually agreed upon by the parties) relating to events or activities associated with the Grant (the “Publicity Materials”). Recipient grants BFAS the nonexclusive, perpetual, royalty-free right, license and permission to use the Publicity Materials in any manner BFAS deems appropriate and warrants to BFAS that it has received any permissions needed to grant such right and will, to the full extent permitted by law, indemnify, defend and hold harmless BFAS from any claim that BFAS use of such Publicity Materials pursuant to this Agreement infringes any third-party rights.

Section 9. Non-Disparagement
During the Term of this Agreement and for three years after this Agreement’s termination, Recipient agrees to take reasonable commercial measures to ensure that its representatives and official media outlets do not make statements, including but not limited to social media posts, regarding the activities covered by this Agreement that are intended to or likely to bring BFAS into disrepute.

Section 10. Release
To the full extent permitted by applicable law, Recipient, its directors, officers, employees, representatives, agents, successors and assigns, agrees never to bring a claim or suit against BFAS relating to the Grant and its receipt of grant funds. Recipient agrees BFAS and its directors, officers, employees, representatives, agents, successors, and assigns (the “Releasees” are not responsible for any of the decisions, plans, guidelines, work, or activities related to or arising from its programs. Recipient releases the Releasees from all liability arising from any work or activities related to this Grant.

Recipient understands this Agreement discharges the Releasees from any liability to Recipient with respect to bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient’s work, participation and activities related to this Grant. To the full extent permitted by applicable law, Recipient releases the Releasees for BFAS’ own negligence or liability that may result in bodily injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient’s work, participation and activities related to this Grant.

Section 11. Indemnity Agreement
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4 To the full extent permitted by law, the Recipient and its directors, officers, agents, employees, representatives, successors and assigns, agree to indemnify and hold Releasees harmless for all bodily injury, personal injury, illness, death, property damage or other losses of any kind or nature whatsoever, direct or indirect, known or unknown, including attorney’s fees and costs of litigation that result to anyone else or any other entity because of Recipient’s actions or omissions related to the Recipient’s programs or any breach by Recipient of this Agreement. This includes lone acts or omissions by the Recipient as well as the combined acts of the Recipient with others.

Section 12. Proprietary Information
Recipient acknowledges and agrees that the following constitute “Proprietary Information”: any secret or proprietary information relating directly to BFAS business, including, but not limited to, any network and donation process, services, members, donor and volunteer lists, business policies, employment records and policies, operational methods, marketing plans and strategies, business development plans, new personnel acquisition plans, technical processes, designs and design projects, inventions and research programs, trade know-how, trade secrets, specific software, algorithms, computer processing systems, object and source codes, user manuals, systems documentation, and other business and financial affairs of BFAS. It is not anticipated that Recipient will have access to BFAS proprietary information because of this Agreement.

Nonetheless, Recipient acknowledges and agrees in the event Recipient learns of or comes into possession of any BFAS proprietary information, Recipient will notify BFAS and return said information. Recipient agrees that it will not sue, supply or disclose any Proprietary Information it happens to learn of to any third party.

Section 13. Grant Restrictions
In addition to abiding by the requirement that the grant funds be used in furtherance of the Project, Recipient specifically agrees that no portion of the grant funds will be used for any of the following: (i) to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of any specific public election or participate or intervene in any political campaign on behalf of any candidate for public office or conduct, directly or indirectly; (iii) to support or oppose any elected official or candidate for public office or on any particular issue.

Section 14. Survival of Terms
The intellectual property rights, including the rights to use photos, digital, audio and video materials, agreed to in this Agreement are perpetual. The releases and indemnification obligations are perpetual. The agreement to maintain Proprietary Information confidential is perpetual. The Non-Disparagement clause survives for three years following the last disbursement of funds from BFAS to Recipient.

Section 15. No Third-Party Beneficiaries
Nothing in this Agreement shall be construed to give any person or entity other than the Parties to this Agreement any legal or equitable claim, right or remedy; rather, this Agreement is intended to be for the sole and exclusive benefit of the Parties hereto.

Section 16. Other Terms
Docusign Envelope ID: 5D3CE0FE-8A94-4BAD-B146-8E318FE582AE Packet Page. 33
5 The provisions in this Agreement bind the successors and assigns of Recipient. Each term of this Agreement is material. Recipient agrees that in the event that any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement. This is the entire agreement between the Parties and supersedes any other verbal or written statements, representations, or promises.

This Agreement shall not be construed to constitute any form of partnership, agency, or joint venture between BFAS and Recipient. Neither Party is responsible in any way for the debts of the other or any other party, or any breach of any law, rule, regulation, complaint, grievance, custom, or guideline of the other.

Neither Party has authority to bind the other to any contractual or other agreements and in no event shall either Party represent or hold itself out as acting on behalf of the other Party hereto.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. Any disputes arising out of or related to this Agreement will be resolved in a Utah State Court of competent jurisdiction in Kane County, Utah.

Docusign Envelope ID: 5D3CE0FE-8A94-4BAD-B146-8E318FE582AE Packet Page. 34
6 By signing below, Recipient and BFAS acknowledge and agree to the terms of this Agreement. If signing electronically, the Parties acknowledge that they have read this Agreement and indicate their intent to electronically sign and be bound by the terms and conditions therein. They agree that their electronic signatures are intended to authenticate this writing and to have the same force and effect as a manual signature for purposes of validity, enforceability, and admissibility.

Organization:

Signature:
[electronic signature of authorized representative]
Printed Name:

Title:

Date:

Mailing Address for Check Distribution:

Best Friends Animal Society
Signature:
[electronic signature of authorized representative]
Printed Name:

Title:

Date:

Docusign Envelope ID: 5D3CE0FE-8A94-4BAD-B146-8E318FE582AE November 18, 2024
Specialist, Network Partner & SPDA Support
Kayla Riding
City of San Bernardino, Department of Animal Services
333 Chandler Way
San Bernardino, CA 92408
Kristine Watson
Director
November 19, 2024
Packet Page. 35
Resolution No. 2024-228
Resolution 2024-228
December 4, 2024

RESOLUTION NO. 2024-228

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT

GRANT FUNDS FROM BEST FRIENDS ANIMAL
SOCIETY; AND AUTHORIZING THE DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FISCAL YEAR 2024/25 BUDGET TO APPROPRIATE
$2,000 IN BOTH REVENUES AND EXPENDITURES FOR

ANIMAL SHELTER PROGRAMS AND SERVICES
WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by Best Friends Animal Society; and WHEREAS, the City is working to increase the number of animals adopted; and WHEREAS, the City is working to expand community engagement at the shelter; and WHEREAS, the donation funding would support the City in its efforts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorizes the City Manager to accept grant funds from Best Friends Animal Society.

SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $2,000 in both revenue and expenses for animal shelter programs and services.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

Packet Page. 36
Resolution No. 2024-228
Resolution 2024-228
December 4, 2024

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 37
Resolution No. 2024-228
Resolution 2024-228
December 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-228, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of December 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 38

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Regional Partnership Amendment No. 1 to Modular Office Building Purchase for Animal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-229:

1. Authorizing the City Manager to Execute Amendment # 1 to the Goods Purchase Agreement with William Scotsman, Inc. in the amount of $13,132.62 to accommodate a price adjustment to include prevailing wages on the purchase of a modular building for Animal Services, and

2. Authorizing the Director of Finance and Management Services to amend the purchase order to William Scotsman, Inc., in an amount not to exceed $440,000.00.

Executive Summary
It was established that the City of San Bernardino would enter into a Regional Partnership for Animal Services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto. In order to accommodate the additional staff and office space necessary to serve the public, the Department received approval from the Mayor and City Council on August 7, 2024, to purchase a modular building for office space and expanded counters to assist residents in Resolution 2024-151. The Department was notified by the vendor after approval of the contract that the quote for purchase did not include the costs of prevailing wages and submitted a revised quote to include this cost, increasing the amount owed to the vendor in the amount of $13,132.62. The Mayor and City Council previously approved the allocation of funds for site improvements on April 17, 2024, in Resolution 2024-067. These costs will be shared by the contract cities and the City of San Bernardino.

Packet Page. 39
Background
Each of the Cities have approved the participation agreements with the City of San Bernardino, effective July 1, 2024. The shelter began accepting animals from the additional cities on July 1, 2024. On April 17, 2024, the Mayor and City Council approved Resolution 2024-067, allocating $4,000,000.00 for site improvements related to this project. On August 7, the Mayor and City Council approved Resolution 2024- 151 for the purchase of a used modular office building.

Discussion
Once the Department received approval to move forward with the purchase of the modular building from Mobile Mini, the vendor conducted site visits to finalize placement of the building and ADA ramps. The vendor realized that prevailing wage rates were not included in the original quote due to an oversight by the sales representative. The vendor revised their quote to include these costs and resubmitted the quote to the Department. The revised quote came to a total of $419,624.65; or an additional cost of $13,132.65. The Department is requesting the approval of contract amendment #1, increasing the total amount of the contract to a not to exceed total of $440,000.00 to include the costs related to prevailing wage requirements as well as an additional 5% in contingency funding to cover any other unanticipated costs related to this purchase.

Below is a chart with the breakdown of fees for both quotes.

Mobile Mini Details of Quote Dated 5/9/2024
4x60 Modular (60x60 Box) $324,090.00
Delivery - 12' wide $4,125.00
Standard Complex Setup and Anchor Standard $14,329.00
Complex Wood Skirting $4,731 $4,731
Foundation / Tiedown Plans $1,150.00
Ramp / Stair Plans $950.00 $950.00
Ramp - Delivery & Installation $ 1,952.00 $1,952.00
Title Fee Single Wide $300.00
License fee $1,235.00
ADA/IBC Switchback Ramp- Custom Sale $18,900.00
OSHA Aluminum Steps - Sale $950.00
Fuel Surcharge Delivery $948.75
CA Transport Delivery Fee $125.00
Total without tax $373,785.75
Total with tax $406,492.00
Packet Page. 40
Revised Quote As of 9/3/2024
64x60 Modular (60x60 Box) $322,090.00
Delivery- 12' wide $4,125.00
Foundation/ Tiedown Plans $1,150.00
Ramp / Stair Plans $950.00
CA Transport Delivery Fee $125.00
Title Fee Single Wide $300.00
Prev Wage Complex Wood Skirting $6,720.00
ADA/ BC Switchback Ramp-Custom Sale $18,900.00
OSHA Aluminum Steps - Sale $950.00
Fuel Surcharge Delivery $948.75
Ramp - Delivery & installation $3,290.00
Prev Wage Complex Setup and Anchor $25,078.00
License fee $1,235.00
Total without tax $385,861.75
Total with tax $419,624.65
2021-2025 Strategic Targets and Goals
The purchase of a modular office building aligns with Key Target No. 2 Focused Aligned Leadership and Unified Community and Key Target No. 3 Improved Quality of Life. The new kennel buildings will enable us to serve the needs of both our residents and their pets while engaging the community to assist the Department by volunteering, fostering and adopting pets from the shelter.

Fiscal Impact
The fiscal impact for this item is $20,375.35, including contingency funding. City of San Bernardino‘s share of this purchase is $10,900.81 and the regional partners‘ share is $9,474.54 allocated as follows based on each city’s percentage share of costs:

San Bernardino 53.50% $10,900.81
Fontana 24.00% $4,890.08
Rialto 14.00% $2,852.55
Colton 7.00% $1,426.27
Grand Terrace 1.00% $203.75
Loma Linda 0.50% $101.88
100.00% $20,375.35
Packet Page. 41
There is sufficient budget in the Department‘s Operating Budget for FY24/25 to fund this agreement. There is no additional impact to the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-229:

1. Authorizing the City Manager to Execute Amendment # 1 to the Goods Purchase Agreement with William Scotsman, Inc. in the amount of $13,132.62 to accommodate a price adjustment to include prevailing wages on the purchase of a modular building for Animal Services, and

2. Authorizing the Director of Finance and Management Services to amend the purchase order to William Scotsman, Inc., in an amount not to exceed $440,000.00.

Attachments
Attachment 1 Resolution No. 2024-229
Attachment 2 Original Quote for Building Purchase
Attachment 3 Revised Quote for Building Purchase
Attachment 4 Amendment No.1 to Goods Purchase Agreement Attachment 5 Original Goods Purchase Agreement
Attachment 6 Single Source Justification
Ward:

All Wards
Synopsis of Previous Council Actions:

December 6, 2024 Regional Partnership for Animal Services approved by Resolution 2023-188
April 17, 2024 Site Improvement Costs for the Regional Partnership approved by Resolution 2024-067
June 5, 2024 Funding for Animal Services Staffing for the Regional Partnership approved by Resolution
August 7, 2024 Purchase of Modular Office Building approved by Resolution 2024-151
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Resolution No. 2024-229
RESOLUTION NO. 2024-229

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO 1 TO THE GOODS PURCHASE
AGREEMENT WITH WILLIAM SCOTSMAN INC. IN THE
AMOUNT OF $13,132.62 TO ACCOMMODATE A PRICE

ADJUSTMENT TO INCLUDE PREVAILING WAGES ON

THE PURCHASE OF A MODULAR BUILDING FOR

ANIMAL SERVICES, AND AUTHORIZING THE

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES

TO AMEND THE PURCHASE ORDER TO WILLIAM
SCOTSMAN, INC. IN AN AMOUNT NOT TO EXCEED
$440,000.00.

WHEREAS, The City of San Bernardino entered into a Regional Partnership Agreement with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto to house animals from their cities at the animal shelter located at 333 Chandler Place in the City of San Bernardino and WHEREAS, The City of San Bernardino, entered into a contract with William Scotsman, Inc. to purchase a modular office building to expand office space to adequately serve the needs of the community, and
WHEREAS, The original quote for purchase and subsequent contract did not include the costs for prevailing wages, and
WHEREAS, The City of San Bernardino, wishes to proceed with the purchase of the modular office building to include the additional costs for prevailing wages

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Authorize the City Manager to Execute Amendment #1 to the Goods Purchase Agreement with William Scotsman, Inc. in the amount of $13,132.62 to accommodate a price adjustment to include prevailing wages on the purchase of a modular building for animal services.

SECTION 3. Authorize the Director of Finance and Management Services to amend the purchase order to William Scotsman, Inc. in an amount not to exceed $440,000.00.

SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility Packet Page. 43
Resolution No. 2024-229
that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 44
Resolution No. 2024-229

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-229, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this___day of December 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 45
Your Sales Representative
Carmen Aguilar
(951)681-0300
[email protected]
Agreement Number: Q-1752765
Revision: 1
Date: 5/9/2024
Expiration Date: 6/8/2024
Sale Agreement For Used Equipment Without Warranty
Buyer:0010380799

CITY OF SAN BERNARDINO PARKS RECRE
290 N D STREET
SAN BERNARDINO, CA 92401
Contact:

Kris Watson
290 N D STREET
SAN BERNARDINO, CA 92401, US
Phone: 909.384.1304
Email: [email protected]
Ship To Address:

SAN BERNARDINO, CA 92401, US
Estimated Delivery Date:07/15/24
Unit Description and Pricing Quantity Price Extended
64x60 Modular (60x60 Box) Unit Number:

CPX-115094 1 $ 324,090.00 $ 324,090.00
Delivery - 12' wide 5 $ 825.00 $ 4,125.00
Standard Complex Setup and Anchor 1 $ 14,329.00 $ 14,329.00 Standard Complex Wood Skirting 1 $ 4,731.00 $ 4,731.00
Foundation / Tiedown Plans 1 $ 1,150.00 $ 1,150.00
Ramp / Stair Plans 1 $ 950.00 $ 950.00
Ramp - Delivery & Installation 1 $ 1,952.00 $ 1,952.00
Title Fee Single Wide 5 $ 60.00 $ 300.00
License fee 5 $ 247.00 $ 1,235.00
ADA/IBC Switchback Ramp - Custom Sale 1 $ 18,900.00 $ 18,900.00 OSHA Aluminum Steps - Sale 1 $ 950.00 $ 950.00
Fuel Surcharge Delivery 5 $ 189.75 $ 948.75
CA Transport Delivery Fee 1 $ 125.00 $ 125.00
Total Purchase Price Including Delivery And Installation (If Applicable)*: $ 373,785.75 Total Purchase Price Including Delivery And Installation (If Applicable)* Including Estimated Taxes: $ 406,492.00 Summary of Charges
Model: 64x60 Modular (60x60 Box) QUANTITY: 1 Total Charges for(1) Building(s): $ 373,785.75 Total Charges for (1) Building(s) Including Estimated
Tax: $ 406,492.00
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

Packet Page. 46
Your Sales Representative
Carmen Aguilar
(951)681-0300
[email protected]
Agreement Number: Q-1752765
Revision: 1
Date: 5/9/2024
Expiration Date: 6/8/2024
Payment Terms
Credit Terms: 100% due upon signing, 0% due upon unit delivery and remaining, 0% due upon substantial completion.

Acknowledgement
This Sales Agreement (the “Agreement”) is made on May, 9, 2024, by and between William Scotsman Inc., a Maryland corporation, doing business at 195 E Morgan Street, Perris, CA 92571 (“Seller”) and CITY OF SAN BERNARDINO PARKS RECRE (“Buyer”), doing business at the address noted above.

Buyer agrees to purchase from Seller one or more trailer(s) and/or relocatable modular and/or pre-fabricated structures, including stairs, railings, furniture, and other items attached or appurtenant thereto, as noted above and detailed on any Addenda to this Agreement (hereinafter collectively referred to as the “Equipment”), for the purchase price and payment terms shown above and subject to the terms and conditions set forth herein and on the following pages of this Agreement and as detailed on the Addenda to this Agreement. The Agreement and the Addenda together form the “Contract Documents”. The Addenda are as follows and are an integral part of this Agreement.

Addenda: No Addenda attached.
*All prices exclude applicable taxes.

By its signature below, Buyer hereby acknowledges that it has read and agrees to be bound by the Seller’s Sales Agreement Additional Terms and Conditions (7-26-13) located on Seller’s internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Seller subject to the terms therein.

EXCLUSIONS OF ALL WARRANTIES:

AS ACKNOWLEDGED AND AGREED BY THE UNDERSIGNED BUYER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND THAT THE SALE IS “AS IS” AND “WITH ALL FAULTS.” FURTHERMORE, WILLIAMS SCOTSMAN IS PROVIDING NO WARRANTIES AND MAKES NO REPRESENTATIONS WITH REGARD TO THE CONDITION OF THE SUBJECT MODULAR BUILDING.

Buyer’s Initials \i1\
Note: Signature on file.

Signatures
BUYER (Name): CITY OF SAN BERNARDINO PARKS RECRE SELLER: Williams Scotsman inc Signature: \s1\
Print Name: \n1\
Title: \t1\
Date: \d1\
PO#:

Williams Scotsman now issues paperless invoices via email, an efficient, convenient & environmentally friendly process. Go green and provide us with the proper email address for your invoices.

AP Email:

No thanks. Please mail my invoices to:
290 N D STREET
SAN BERNARDINO, CA 92401, US
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

Packet Page. 47
Your Sales Representative
Carmen Aguilar
(951)681-0300
[email protected]
Agreement Number: Q-1752765
Revision: 3
Date: 9/3/2024
Expiration Date: 9/12/2024
Sale Agreement For Used Equipment Without Warranty
Buyer:0010380799

CITY OF SAN BERNARDINO PARKS RECRE
290 N D STREET
SAN BERNARDINO, CA 92401
Contact:

Kris Watson
290 N D STREET
SAN BERNARDINO, CA 92401, US
Phone: 909.384.1304
Email: [email protected]
Ship To Address:
333 Chandler Pl
San Bernardino, CA 92408, US
Estimated Delivery Date:09/30/24
Unit Description and Pricing Quantity Price Extended
64x60 Modular (60x60 Box) Unit Number:

CPX-115094 1 $ 322,090.00 $ 322,090.00
Delivery - 12' wide 5 $ 825.00 $ 4,125.00
Foundation / Tiedown Plans 1 $ 1,150.00 $ 1,150.00
Ramp / Stair Plans 1 $ 950.00 $ 950.00
CA Transport Delivery Fee 1 $ 125.00 $ 125.00
Title Fee Single Wide 5 $ 60.00 $ 300.00
Prev Wage Complex Wood Skirting 1 $ 6,720.00 $ 6,720.00 ADA/IBC Switchback Ramp - Custom Sale 1 $ 18,900.00 $ 18,900.00 OSHA Aluminum Steps - Sale 1 $ 950.00 $ 950.00
Fuel Surcharge Delivery 5 $ 189.75 $ 948.75
Ramp - Delivery & Installation 1 $ 3,290.00 $ 3,290.00
Prev Wage Complex Setup and Anchor 1 $ 25,078.00 $ 25,078.00 License fee 5 $ 247.00 $ 1,235.00
Total Purchase Price Including Delivery And Installation (If Applicable)*: $ 385,861.75 Total Purchase Price Including Delivery And Installation (If Applicable)* Including Estimated Taxes: $ 419,624.65 Summary of Charges
Model: 64x60 Modular (60x60 Box) QUANTITY: 1 Total Charges for(1) Building(s): $ 385,861.75 Total Charges for (1) Building(s) Including Estimated
Tax: $ 419,624.65
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

Packet Page. 48
Your Sales Representative
Carmen Aguilar
(951)681-0300
[email protected]
Agreement Number: Q-1752765
Revision: 3
Date: 9/3/2024
Expiration Date: 9/12/2024
Payment Terms
Credit Terms: 100% due upon signing, 0% due upon unit delivery and remaining, 0% due upon substantial completion.

Acknowledgement
This Sales Agreement (the “Agreement”) is made on September, 3, 2024, by and between William Scotsman Inc., a Maryland corporation, doing business at 195 E Morgan Street, Perris, CA 92571 (“Seller”) and CITY OF SAN BERNARDINO PARKS RECRE (“Buyer”), doing business at the address noted above.

Buyer agrees to purchase from Seller one or more trailer(s) and/or relocatable modular and/or pre-fabricated structures, including stairs, railings, furniture, and other items attached or appurtenant thereto, as noted above and detailed on any Addenda to this Agreement (hereinafter collectively referred to as the “Equipment”), for the purchase price and payment terms shown above and subject to the terms and conditions set forth herein and on the following pages of this Agreement and as detailed on the Addenda to this Agreement. The Agreement and the Addenda together form the “Contract Documents”. The Addenda are as follows and are an integral part of this Agreement.

Addenda: No Addenda attached.
*All prices exclude applicable taxes.

By its signature below, Buyer hereby acknowledges that it has read and agrees to be bound by the Seller’s Sales Agreement Additional Terms and Conditions (7-26-13) located on Seller’s internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Seller subject to the terms therein.

EXCLUSIONS OF ALL WARRANTIES:

AS ACKNOWLEDGED AND AGREED BY THE UNDERSIGNED BUYER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND THAT THE SALE IS “AS IS” AND “WITH ALL FAULTS.” FURTHERMORE, WILLIAMS SCOTSMAN IS PROVIDING NO WARRANTIES AND MAKES NO REPRESENTATIONS WITH REGARD TO THE CONDITION OF THE SUBJECT MODULAR BUILDING.

Buyer’s Initials \i1\
Note: Signature on file.

Signatures
BUYER (Name): CITY OF SAN BERNARDINO PARKS RECRE SELLER: Williams Scotsman inc Signature: \s1\
Print Name: \n1\
Title: \t1\
Date: \d1\
PO#:

Williams Scotsman now issues paperless invoices via email, an efficient, convenient & environmentally friendly process. Go green and provide us with the proper email address for your invoices.

AP Email:

No thanks. Please mail my invoices to:
290 N D STREET
SAN BERNARDINO, CA 92401, US
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

Packet Page. 49
AMENDMENT NO. 1 TO

GOODS & SERVICES AGREEMENT
WITH WILLIAM SCOTSMAN, INC.

This Amendment No. 1 to the Goods and Services Agreement for is made and entered into as of December 4, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) William Scotsman, Inc., a Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated August 7, 2024 for the purpose of providing and delivering a used modular building (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of two months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No.1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Master Agreement shall be extended for an additional term of two months through January 31, 2025, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Twenty Thousand, Three Hundred Seventy-Five Dollars and Thirty-Five Cents ($20,375.35) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Four Hundred Forty Thousand, Dollars ($440,000.00). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall Packet Page. 50
be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 51

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE GOODS & SERVICES AGREEMENT
WITH WILLIAM SCOTSMAN, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
William Scotsman, Inc.

Signature
Name
Title
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City of San Bernardino
Finance Department, Purchasing Division

JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST

ITEM Description: _______________________________________ DATE: ________

Select Source:
__ __Sole Source: Item is manufactured and/or only distributed by one vendor. ____ Single Source: Item is available from several vendors, but item is the only one that will work.

Please answer all questions in detail, in order to prevent delays in the evaluation. Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attached all pages to this document.

1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below:

The vendor is offering a used modular building that has the office space needed already built in and only minor modifications would be needed to the building. The used space will satisfy the department’s needs while limiting the amount of money we would have to spend ordering a new building with the offices built to suit.

2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below:

This is a used building that already has offices included which meet the needs of the Department. When reaching out to modular building suppliers, this vendor advised us about this building, which was ready for occupation, reducing the length of time needed to construct the building as well as the cost of purchase.

3. What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
The Department would need to go out to bid for a new building, resulting in an increased cost to the City for the final purchase. Additionally, we have staff in need of office space right now. Delaying this purchase would have an impact on the Department’s ability to meet the needs of the public.

4. What market research was conducted to substantiate the single source, including evaluation of other items considered?
a. (Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternative are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for X
Used Modular Office Building (60’ x 60’) 08/07/2024
Packet Page. 73
not considering then must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)
The Department started contacting Modular Building vendors that had previously worked with the City to supply prefabricated buildings. This was the first company to respond with options, including the used building. Once staff determined the building would be ideal for the needs of the Department and staff, they did not proceed with other vendors. This project has an extremely short timeline needed for the structures to be in place. Because this building is already completed and ready for delivery, and it is a used building, reducing the overall cost for the project, the department did not continue to look for new buildings. The estimated cost for a new building this size is $666,110.88

5. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison and include cost analyses as applicable. (I.E. Compared to vendor’s previous or current offer to the city or to another agency/company – or any other method of comparison that will substantiate fair and reasonable pricing in the absence of competition) Staff compared the cost of purchase for this building to a new build of the same size with similar specifications. The cost for the purchase of a new building from the same company would be over $650,000.00 or $250,000 more than the used building.

6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.

By purchasing a used building that suits the needs of the Department, the City is saving approximately $250,000.00.

1. ____________________________ _________________
Department Head Date

2. ____________________________ _________________ Approved Not Approved (Up to $50,000)
Director of Finance & Management Services Date

3. ____________________________ _________________ Approved Not Approved (Up to $100,000)
City Manager Date
Justification: ______________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ 07/25/2024
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_________________________________________________________________________________ _________________________________________________________________________________

4. Over $100,000 – must be submitted for City Council Approval.

Packet Page. 75

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Acceptance of the Encampment Resolution Fund Grant from the California Department of Housing and Community Development in the amount of $4,569,511 for a 5.2-mile
prioritized encampment area along Waterman Avenue
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2024-230 of the Mayor and City Council of the City of San Bernardino, approving the acceptance of the Encampment Resolution Fund Round 3 (ERF-3-R) Grant from the California Department of Housing and Community Development (HCD) in the amount of $4,569,511; and

2. Ratify the execution of the Encampment Resolution Fund Round 3 (ERF-3-R) Standard Agreement between the City of San Bernardino and HCD; and

3. Authorize the Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the ERF-3-R Program by appropriating $4,569,511 in both revenues and expenditures; and

4. Approve the addition of the ERF-3-R grant-funded positions: one (1) Homeless Outreach Coordinator, three (3) Homeless Outreach Specialists, and one (1) part-time Homeless Outreach Specialist.

5. Authorize the City Manager or designee to enter into direct agreements with VARP, Inc. for interim housing services ($771,600) and prevention/diversion services ($100,000), and with Community Action Partnership for mobile shower and laundry services ($450,000).

6. Authorize the City Manager or designee to take any further actions or execute any agreements or documents necessary to administer the ERF-3-R.

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Executive Summary
The City of San Bernardino has been awarded a $4,569,511 grant from the California Department of Housing and Community Development (HCD) under the Encampment Resolution Fund Round 3 (ERF-3-R) program. This funding will support the City’s efforts to address the needs of approximately 110 individuals residing in a 5.2-mile prioritized encampment area along Waterman Avenue, including placing 60 individuals into permanent housing and 50 into interim housing with supportive services. This project will deliver comprehensive services to promote wellness, stability, and long-term housing success for the unhoused population. There is no impact on the General Fund.

Background
The Encampment Resolution Fund (ERF) Program, authorized by Senate Bill (SB) 197 (Chapter 70, Statutes of 2022) and funded through SB 101 (Chapter 12, Statutes of 2023), was created to address critical needs of unhoused individuals residing in encampments across California. The California Interagency Council on Homelessness (Cal ICH) released the Notice of Funding Availability (NOFA) for Round 3 on November 27, 2023, with an appropriation of $400 million.

On February 1, 2023, the Mayor and City Council unanimously voted to adopt Resolution No.2023-028, declaring a Homelessness State of Emergency in response to a growing statewide and regional homelessness crisis. This Declaration empowers the City Manager, or their designee, to streamline the provision of shelter to those experiencing homelessness, potentially unlocking new funding opportunities. The Resolution also gives the City Manager the authority to apply for and enter into Agreements for grant funding and to take all necessary actions to obtain emergency assistance from State and Federal agencies.

In December 2023, the City’s outreach team counted approximately 200 people residing in the 5.2-mile prioritized encampment area. The 2023 Homeless Count Report provides concerning insights into the demographic makeup of this population: The encampment population includes individuals, couples, and their animal companions. Addressing their needs necessitates coordinated intervention from both the City and County.

On January 30, 2024, the City submitted its application for the Round 3 ERF-3-R program to Cal ICH. This application outlined the City’s strategic approach to addressing homelessness in its most vulnerable areas, specifically focusing on large-scale encampments within a 5.2-mile corridor along Waterman Avenue. The proposal included detailed plans for providing both immediate shelter solutions and long-term housing, with a commitment to integrating comprehensive services to ensure successful transitions for individuals living in these encampments.

On April 18, 2024, the City was notified of its $4,569,511 award. This funding will allow the City to implement a comprehensive response to homelessness, including securing permanent and interim housing for 110 individuals in the 5.2-mile Waterman Avenue corridor.

Packet Page. 77
On September 4, 2024, the Mayor and the City Council adopted Resolution 2024-201 reaffirming the declaration of a Homelessness State of Emergency. This restated the City Manager’s powers, allowing them to enter into contracts, pursue grants, and obtain emergency funding from state and federal entities to create additional shelters, add interim housing, and obtain emergency funding as it becomes available.

Discussion
The ERF-3-R award, a three-year grant, provides the City with critical financial assistance to address the needs of unhoused individuals through targeted interventions within a designated 5.2-mile stretch along Waterman Avenue. The project aims to secure housing for 110 individuals and includes the following comprehensive scope of work:
• Case Management
• Substance Use Counseling
• Behavioral Health Services
• Physical Health Services
• Housing Navigation/ Rapid Rehousing/Tenancy Support
ERF-funded staff will collaborate with local community and government agencies to provide services, focusing on achieving sustainable and measurable impacts on homelessness. Staff will also work closely with the City’s Homeless Outreach Team and Code Enforcement Division to improve inter-agency coordination and ensure successful outcomes.

Partnership Agreements
To implement this program effectively, staff recommends entering into direct agreements with pre-identified partners, selected as part of the ERF-3-R application. These partners will deliver a comprehensive range of services, including case management, substance use counseling, behavioral and physical health services, housing navigation, rapid rehousing, and tenancy support.

The ERF-3-R application required cities and counties to demonstrate existing relationships with service providers capable of delivering the necessary programs and services to address the needs of the unsheltered population along the prioritized 5.2-mile stretch of Waterman Avenue. In line with this requirement, the City pre-identified two key partners for three agreements to ensure adequate resources, staffing, and service capacity.

The agreements with these pre-identified partners are currently undergoing legal review and are in the final stages of preparation. Draft versions of these agreements are included as attachments for reference. Staff is seeking the Mayor and City Council’s approval of the following recommendations:
• VARP, Inc. (Gibson House): VARP operates several substance abuse recovery homes in San Bernardino. The City will directly contract with VARP to provide interim housing services, including 42 clinically enhanced congregate shelter beds with integrated recovery services. The contract amount is $771,600.

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Additionally, $100,000 will fund prevention and diversion services for 60 individuals at risk of homelessness.
• Community Action Partnership (CAPS): CAPS is the primary local provider of mobile showers and laundry services. The City will directly contract with CAPS for $450,000 to provide these services twice a week to individuals in the prioritized encampment area.
• Release a Notice of Funding Availability (NOFA) to implement a Rapid Rehousing program. This program will provide a security deposit and rental assistance for 60 units (54 one-bedroom units up to $1611 per month each and 6 two-bedroom units up to $2010 per month each) over a six-month period. The ERF Program is budgeted to spend $782,432 on rapid rehousing, which aligns with the local market rate.

Letter of Support from CAPs and VARP were submitted as part of the City’s ERF application, and HCD approved the pending services and partnerships.

Additional Program Components
• Landlord Incentives: To encourage landlord participation, $99,054 will be set aside to incentivize property owners to accept tenants referred through the ERF program.
• Program Support: The City will invest $80,000 in data management software to improve outcome tracking and $140,000 to procure two SUVs, enhancing the mobility and effectiveness of the outreach team.

Program Timeline and Compliance
In April 2024, the State notified the City that it had been awarded ERF-3-R grant funding and was initially told the Agreement would be ready in July, but HCD did not deliver the Standard Agreement until September 23, 2024, and the Agreement needed to be signed Rapid Rehousing Total Budget
Rapid Rehousing $792,432
Landlord Incentive $99,054
60 Placements $99,054
54 units @ $1,611, and 6 units @ $2,010 $99,054
One-time $99,054
Rental Assistance Subsidy $693,378
54 One-bedroom housing units $608,958
$1,611 per month $608,958
6 Months $608,958
6 Two-bedroom housing units $84,420
$2,010 per month $84,420
6 Months $84,420
Grand Total $792,432
Packet Page. 79
and returned within a 30-day timeframe.

Following a thorough legal review by Best Best & Krieger, LLP, the City Manager executed the Standard Agreement on October 1, 2024, well within the stipulated timeframe and in compliance with Resolution 2024-201, which was approved by the Mayor and City Council on September 4, 2024, authorizing the City Manager to enter into contracts, pursue grants, and obtain emergency funding from state and federal entities to mitigate homelessness.

The ERF-3-R Standard Agreement, effective upon execution by HCD and signed by the City Manager on October 1, 2024, establishes the terms for the grant’s implementation, which extends through March 31, 2028. Key financial deadlines include:
• June 30, 2025: 50% of funds must be expended and 100% obligated. • June 30, 2027: All program funds must be fully expended.

The City is actively working with HCD to request an extension of the 50% expenditure deadline beyond June 30, 2025, due to delays in the Standard Agreement and the complexity of implementing multiple service agreements. During the grant term, the City’s grants management team, along with the Homeless Outreach Coordinator, will manage comprehensive program records, participate in evaluations, oversee HMIS data management, and complete quarterly reporting. Internal oversight measures—such as regular financial reconciliations, performance audits, and outcome evaluations—will be in place to ensure full compliance.

ERF-3-R Grant-Funded Positions
Staff worked in conjunction with the Human Resources Department to identify classifications necessary to support outreach and services to individuals experiencing homelessness, and to adhere to the ERF-3-R Standard Agreement between the City of San Bernardino and HCD. Human Resources conducted a classification and compensation survey of surrounding areas, and recommends adding the following new positions and classifications:
• (1) Homeless Outreach Coordinator, Bargaining Unit: Management, Salary Range: 532, ($7012.91 - $8,524.73/monthly). This position is responsible for oversight of the Homeless Outreach Program and providing complex outreach, engagement, and case management.
• (3) Homeless Outreach Specialist, Bargaining Unit: General, Salary Range 464, $5126.92 - $6,231.99/monthly). This classification is responsible for providing routine outreach, engagement and case management services. • Included in the staffing recommendation is one (1) part-time Homeless Outreach Specialist as described above.

These positions are fully grant-funded, with no anticipated cost to the General Fund after the ERF-3-R funding period concludes.

Packet Page. 80
Mayor, City Council, and City Manager Goals and Objectives The ERF project aligns with Strategic Target No. 3: Improved Quality of Life, by expanding accessibility to housing and services, improving living conditions for the unhoused population, and positively impacting the community.

Fiscal Impact
There is no General Fund impact. The FY 2024/2025 budget will appropriate $4,569,511 in grant funds for the ERF-3-R project. These funds will cover all project-related activities, including housing services, outreach, and administration.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2024-230 of the Mayor and City Council of the City of San Bernardino, approving the acceptance of the Encampment Resolution Fund Round 3 (ERF-3-R) Grant from the California Department of Housing and Community Development (HCD) in the amount of $4,569,511; and

2. Ratify the execution of the Encampment Resolution Fund Round 3 (ERF-3-R) Standard Agreement between the City of San Bernardino and HCD; and

3. Authorize the Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the ERF-3-R Program by appropriating $4,569,511 in both revenues and expenditures; and

4. Approve the addition of the ERF-3-R grant-funded positions: one (1) Homeless Outreach Coordinator, three (3) Homeless Outreach Specialists, and one (1) parttime Homeless Outreach Specialist.

5. Authorize the City Manager or designee to enter into direct agreements with VARP, Inc. for interim housing services ($771,600) and prevention/diversion services ($100,000), and with Community Action Partnership for mobile shower and laundry services ($450,000).

6. Authorize the City Manager or designee to take any further actions or execute any agreements or documents necessary to administer the ERF-3-R.

Attachments
Attachment 1 Resolution No. 2024-230
Attachment 2 ERF-3-R Standard Agreement Contract
Attachment 3 ERF-3-R Agreement Community Action Partnership (CAPS) – Mobile Showers and Laundry Services
Attachment 4 ERF-3-R Agreement VARP, Inc. – Interim Housing Services Attachment 5 ERF-3-R Agreement VARP, Inc. – Prevention and Diversion Services
Attachment 6 City-Wide Salary Schedule for full-time, part-time, temporary, and seasonal positions
Ward:

Packet Page. 81
All Wards
Synopsis of Previous Council Actions:

December 7, 2022 Mayor and City Council authorized the use of $24,500,000 in ARPA funds for the development of a Navigation Center,
State of California Homekey Round 3 Projects,
Homeless/Street Outreach, and $150,000 towards Mobile
Shower Expansion.

February 1, 2023 Mayor and City Council declared a Homelessness State of Emergency.

April 26, 2023 Mayor and City Council authorized the City to submit a joint Homekey application with LSS to develop a men’s navigation center.

May 17, 2023 Mayor and City Council approved a Homelessness State of Emergency Implementation Plan.

July 19, 2023 Mayor and City Council approved an Amendment to Permanent Local Housing Allocation Funds to assist
individuals experiencing homelessness.

August 13, 2023 Mayor and City Council approved a Substantial Amendment to FY2020-2021 Annual Action Plan associated with
Community Development Block Grant Coronavirus Relief
Funds to support interim shelter activities.

December 6, 2023 Mayor and City Council approved a Motel Voucher Program and authorized Professional Service Agreements with motel operators to provide interim shelter.

September 4, 2024 Mayor and the City Council adopted Resolution 2024-201, reaffirming the declaration of a Homelessness State of
Emergency.

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Resolution 2024-230
December 4, 2024

Resolution No. 2024-230
RESOLUTION NO. 2024-230

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ACCEPTANCE OF THE ENCAMPMENT

RESOLUTION FUND GRANT FROM THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT IN THE AMOUNT OF $4,569,511
WHEREAS, the City of San Bernardino has received an Encampment Resolution Fund Round 3 (ERF-3-R) grant of $4,569,511 from the California Department of Housing and Community Development (HCD) to address the needs of individuals residing in a 5.2-mile prioritized encampment area along Waterman Avenue; and
WHEREAS, on February 1, 2023, the Mayor and City Council authorized the City Manager to apply for and enter into Agreements for grant funding and to take all actions necessary to obtain emergency assistance from State and Federal agencies to implement preventative measures and protect and preserve the City within the scope of the local Homelessness Emergency Declaration
WHEREAS the ERF-3-R project aims to transition 110 individuals from the prioritized area, placing 60 into permanent housing and 50 into interim housing with supportive services that facilitate a transition into permanent housing; and
WHEREAS, this area encompasses two state right-of-way regions, including State Route (SR) 18 and Interstate 210 (I-210), and extends into maintenance tunnels, pedestrian passageways, and surrounding neighborhoods; and
WHEREAS, The City identified numerous partners in the proposal for EFR funds to provide the resources, staffing, and capacity needed to service the population of unsheltered homeless within the City; and
WHEREAS, The City seeks to enter into agreements with these pre-identified partners to provide outreach, shelter, housing, and employment services to the target population through the use of the ERF grant funds; and
WHEREAS, the project will focus on comprehensive services to promote individual wellness, stability, and success, improving the quality of life for the unhoused population and the surrounding community; and
WHEREAS the term of the ERF-3 funding starts with the award announcement and extends until June 30, 2027, with a focus on achieving sustainable and measurable impacts on homelessness;
Packet Page. 83
Resolution 2024-230
December 4, 2024

Resolution No. 2024-230

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby accept the ERF-3 award of $4,569,511.

SECTION 3. The Mayor and City Council approve the execution of the ERF-3-R Agreement between the City of San Bernardino and the California Department of Housing and Community Development (HCD).

SECTION 4. The City Council hereby approves the Homeless Resource Service Agreement with VARP, Inc. (Gibson House) in the amount of seven hundred seventy-one thousand six hundred dollars ($771,600) to provide supportive interim housing services.

SECTION 5. The City Council hereby approves the Homeless Resource Service Agreement with VARP, Inc. (Gibson House) in the amount of one hundred thousand dollars ($100,000) to provide prevention and diversion services.

SECTION 6. The City Council hereby approves the Homeless Resource Service Agreement with Community Action Partnership (CAPS) in the amount of four hundred fifty thousand dollars ($450,000) to provide service coordination - mobile showers and laundry services.

SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. The Mayor and City Council hereby grant the Director of Finance and Management Services the authority to make necessary amendments to the budget in relation to the Encampment Resolution Fund grant to ensure effective management and implementation of the grant funds.

SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 10. Effective Date. This Resolution shall become effective immediately.

Packet Page. 84
Resolution 2024-230
December 4, 2024

Resolution No. 2024-230
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Attest:

Helen Tran, Mayor
City of San Bernardino
Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution 2024-230
December 4, 2024

Resolution No. 2024-230

CERTIFICATION

STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-230, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2024.

Genoveva Rocha, CMC, City Clerk
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Packet Page. 87
Edona Evans
10/11/2024
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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Packet Page. 89
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m); A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.

B. “Agency” means the Business, Consumer Services, and Housing Agency.

C. “Applicant” means a continuum of care or local jurisdiction.

D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. “County” includes, but is not limited to, a city and county.

G. “Department” means the California Department of Housing and Community Development.

H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.

I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.

L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.

M. “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF program:

Packet Page. 90
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.” “Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.

Packet Page. 91
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of San Bernardino
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
290 North D Street, 3rd Floor.

San Bernardino, CA, 92401

CONTRACT
COORDINATOR Jeannie McKendry Cassandra Searcy
PHONE
NUMBER: (916) 490-9589 (909) 384-7270
EMAIL
ADDRESS:

[email protected]
[email protected] [email protected]
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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payee
Name: City of San Bernardino Amount: $4,569,511.00

2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes
1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. Ineligible Costs
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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

ERF GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, Packet Page. 99
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.

The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation
1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.

2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.

Packet Page. 102
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. Public Records Act
The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:

Packet Page. 103
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and 2) Will agree to abide by terms of Grantee’s condition of employment or Packet Page. 106
City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
subcontract.

11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

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City of San Bernardino
24-ERF-3-R-100006

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.

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HOMELESS RESOURCE SERVICES AGREEMENT
This Agreement for the provision of Homeless Resource Services ("Agreement") is made and entered into this (Insert Date and Month, 2025) ("Effective Date"), by and between the City of San Bernardino, a charter City and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Community Action Partnership of San Bernardino County, a California 501(c)(6) nonprofit public benefit corporation (hereinafter referred to as "Subrecipient" or “CAPSBC”), a California non-profit corporation with its principal place of business at 696 South Tippecanoe Avenue, San Bernardino, CA 92408. The City and the Subrecipient are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, The City and the Subrecipient agree as follows:

ARTICLE 1 - ENGAGEMENT OF SUBRECIPIENT

1.1 This Agreement is being funded by grant funding from the State of California Encampment Resolution Funding Program ("ERF" or "Program"), established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and administered by the California Department of Housing and Community Development ("HCD") in the Business, Consumer Services and Housing Agency ("Agency"). The City is a Grantee of the ERF Program.

1.2 The City hereby engages the Subrecipient to provide homeless resources and services (the "Services") through the provision of the Service Coordination for Mobile Showers and Laundry Services program ("Program") for homeless individuals or families within the prioritized encampment area in the City, in accordance with the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference.

1.3 The term of the Agreement shall take effect (Date, 2025) and shall terminate on June 30, 2027, unless otherwise canceled or modified according to the terms of this Agreement.

1.4 The Services shall be performed by the Subrecipient in a professional manner, and the Subrecipient represents that it has the requisite qualifications, expertise, and experience in the provision of Services Coordination programs for homeless individuals or families or individuals or families at risk of homelessness and is willing to use said state funds to operate said program in compliance with the principles of Housing First as defined in Welfare and Institutions Code section 8255.

1.5 The Subrecipient agrees to assist individuals and families experiencing homelessness by providing accessible hygiene services twice per week, ensuring consistent access to mobile showers and laundry facilities for those residing in the designated prioritized encampment area, in alignment with the principles of Housing First and the objectives of the ERF program.

ARTICLE 2 - SERVICES OF SUBRECIPIENT

2.1 The Services that the Subrecipient shall provide are more particularly described in Exhibit "A," titled, "Scope of Services," which is attached hereto and incorporated herein by this reference.

Subrecipient shall offer fully equipped, ADA-compliant mobile units capable of delivering shower and laundry services, designed to meet a wide range of physical needs. The Subrecipient will maintain the units in sanitary conditions, ensuring regular cleaning, restocking of supplies, and adherence to health and safety protocols as required by the ERF program and applicable regulations.

Packet Page. 112

2.2 Subrecipient shall comply with applicable federal, state, and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. This Agreement is subject to any additional restrictions, limitations, conditions or statutes, regulations, or any other laws whether federal, State of California or any agency, department, or any political subdivision of the federal or State of California which may affect the provisions, terms or funding of the ERF Program and this Agreement in any manner.

2.3 The Subrecipient agrees to comply with all conditions of this Agreement, including the Special Conditions set forth in Exhibit E of the ERF Standard Agreement. These conditions shall be met to the satisfaction of HCD prior to the disbursement of funds. All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

2.4 The City agrees to reimburse the Subrecipient for the provision of the services set forth in the Scope of Work in an amount not to exceed $450,000 (the “Grant Funds”) in funding under the ERF. No funds of the City shall be or become a source of funds under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF THE CITY

3.1 The City shall make available to the Subrecipient information in its possession that may reasonably assist the Subrecipient in providing the Services.

3.2 The City designates [Insert Name], [Insert Title], as the City's representative with respect to the performance of the Services, and such person shall have the authority to act on behalf of the City. The City may designate another individual as City's representative by providing written notice to The Subrecipient.

ARTICLE 4 - PERFORMANCE OF SERVICES

4.1 The Subrecipient shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services" ("Services") which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be from the Effective Date until June 30, 2027, unless terminated earlier as provided herein. The Subrecipient shall complete all Services and expend all funds by June 30, 2027.

4.3 The Subrecipient shall provide all information required by the City to conform to the reporting and auditing requirements of the ERF Program as required by this Agreement. This includes but is not limited to, quarterly reports and a Final Work Product to be submitted by June 30, 2027.

4.4 If Subrecipient's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form and made available to the City consistent with City Council-adopted policy for the same. It shall be the obligation of The Subrecipient to obtain a copy of such policy from City staff.

4.5 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in a way that identifies individual projects, services, and clients supported by ERF funding.

4.6 The Subrecipient agrees to assist individuals and families experiencing homelessness by providing accessible hygiene services twice weekly and ensuring consistent access to mobile showers and laundry facilities for those residing in the designated prioritized encampment area, in alignment with the principles of Housing First and the objectives of the ERF program.

4.7 The Subrecipient shall offer fully equipped, ADA-compliant mobile units capable of delivering Packet Page. 113 shower and laundry services designed to meet a wide range of physical needs. The Subrecipient will maintain the units in sanitary conditions, ensuring regular cleaning, restocking of supplies, and adherence to health and safety protocols as required by the ERF program and applicable regulations.

ARTICLE 5 - PAYMENTS TO SUBRECIPIENT

5.1 The total compensation for Subrecipient's Services shall be in the amount of four hundred fifty thousand dollars ($450,000). The City shall disburse funds to the Subrecipient in accordance with the approved budget and the terms of the ERF Program.

5.2 The Subrecipient shall submit quarterly reports to the City describing the Services provided during the preceding quarter. Subrecipient's reports shall include all information required by HCD, including but not limited to a brief description of the Services performed, client identification, the dates the Services were performed, the value of resources expended, and any other pertinent information related to the Services. Additional ERF Program auditing and reporting requirements are described in Exhibit "C" titled "ERF Program Reporting," which is attached hereto and incorporated herein by this reference.

5.3 The Subrecipient shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025. All Program funds (100 percent) shall be expended by June 30, 2027. Any funds not expended by this date shall be returned to the City within 15 days for reversion to HCD.

Note: The City is actively pursuing an extension of the 50% expenditure deadline beyond June 30, 2025, with HCD, citing delays in the Standard Agreement and the complexity of managing multiple service agreements. Given the scale and structure of the required programs, additional expenditure time is essential to ensure successful implementation and full compliance with grant objectives. The City has initiated discussions with HCD to determine the formal process for requesting such accommodations.

5.4 If at any time during the term of the Agreement, the Subrecipient determines or anticipates that unexpended funds will be present at termination, the Subrecipient is to contact the City in writing and coordinate possible reallocation of funds to ensure the service goals of the ERF Program are met.

5.5 Upon termination of the Agreement, any unexpended funds shall be returned to the City within 15 days.

5.6 All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampment Packet Page. 114
ARTICLE 6 - INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by the Subrecipient for the duration of its performance of the Services. The Subrecipient shall not perform any Services unless and until the required insurance listed below is obtained by the Subrecipient. Subrecipient shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to the City.

A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to the City or certification to the City that the Subrecipient is self-insured or exempt from the workers' compensation laws of the State of California. The Subrecipient shall execute and provide the City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to the performance of the Services.

B. Commercial General Liability insurance with carriers acceptable to the City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for bodily injury, personal injury, and property damage. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability.

This coverage shall include all Subrecipient owned, non-owned, and hired vehicles used in connection with Subrecipient's provision of the Services. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City.

D. Professional Liability (Errors and Omissions) Insurance appropriate to the Subrecipient's profession, with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

6.2 The Subrecipient shall defend, indemnify, and hold harmless the City and its elected and appointed officials, employees, and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of Subrecipient, or its officers, employees and agents in performing the Services.

ARTICLE 7 - CONFLICTS OF INTEREST

7.1 The Subrecipient covenants and represents that it presently has no interest and shall not have any direct or indirect interest that would conflict in any manner with the performance of Services required under this Agreement. Subrecipient further covenants and represents that in performing its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Subrecipient agrees it is not a designated employee within the meaning of the Political Reform Act because Subrecipient:

A. Does not make a governmental decision whether to:
(i) approve a rate, rule, or regulation or adopt or enforce a City law; (ii) issue, deny, suspend, or revoke any City permit, license, application, certification, approval, order, or similar authorization or entitlement; (iii) authorize the City to enter into, modify, or renew a contract;Packet Page. 115 (iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study, or similar item; (vi) adopt or grant City approval of policies, standards, or guidelines for the City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 The Subrecipient acknowledges that it may be required to file a Statement of Economic Interests (Form 700) if it is determined to be a "consultant" within the meaning of the Political Reform Act. Subrecipient agrees to file such statement if requested by City and to comply with all applicable requirements regarding disclosure of financial interests

7.4 The Subrecipient shall establish and make known to its agents and employees appropriate safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

ARTICLE 8 - GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreementshall be held to be a waiver of any prior or subsequent breach. The failure of the City to enforce at any time the provisions of this Agreement, or to require at any time performance by Subrecipient of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right of City to enforce the provisions of this Agreement.

8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.

8.3 The Subrecipient shall not assign any of the Services, except with the prior written approval of the City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, at the sole discretion of the City, result in the City's immediate termination of this Agreement.

8.4 The Subrecipient is, for all purposes under this Agreement, an independent contractor and shall perform the Services as an independent contractor. Subrecipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Subrecipient have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by the City in accordance with the terms set forth in the ERF Program Standard Agreement. Upon termination, Subrecipient shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City copies (in both hard copy and electronic form, where applicable) of all project-related data, drawings, specifications, reports, summaries, and such other information and materials as may have been accumulated by Subrecipient in performing the Services.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, statutes, regulations, or any other laws, whether federal or those of the State of California or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

Packet Page. 116

8.7 The Subrecipient shall maintain books, ledgers, invoices, accounts, and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years after the termination of this Agreement. City and HCD shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

8.8 The Subrecipient agrees to comply with all state and federal laws, rules, and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Subrecipient, and all eligible activities.

8.9 The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace

8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire Agreement and understanding between the Parties regarding the matters contained herein. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Subrecipient.

8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law’s provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California

8.12 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein.

8.13 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

8.14 The Subrecipient shall comply with all reporting requirements as detailed in Exhibit D of the ERF Standard Agreement, including quarterly reports and a Final Work Product to be submitted by June 30, 2027.

8.15 The Subrecipient acknowledges that HCD maintains sole authority to determine if a Grantee or Subrecipient is acting in compliance with the program objectives and may direct actions to be taken to ensure compliance with this Agreement.

Packet Page. 117

SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO
COUNTY
IN WITNESS WHEREOF, duly authorized representatives of City and Subrecipient have signed in confirmation of this Agreement.

City of San Bernardino
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO
FORM:

Best Best & Krieger
LLP
Albert Maldonado
Community Action
Partnership of San Bernardino
County (CAPSBC)

Signature

Name

Title
Packet Page. 118
EXHIBIT "A"

SCOPE OF SERVICES
Mobile Shower and Laundry Services

1.1 Service Overview:

The Subrecipient shall deliver accessible hygiene services, including mobile shower and laundry facilities, twice per week. These services are intended to support individuals residing within the designated 5.2-mile encampment area along the Waterman Corridor in the City. The City reserves the right to retract any Memorandum of Understanding (MOU) with CAPS Mobile Shower at its discretion, particularly if services fail to align with City goals or performance standards.

1.2 Target Population and Service Area:

The primary focus of these services is to assist unsheltered individuals within the Waterman Corridor, specifically targeting the homeless population in this area. All outreach and marketing efforts shall be directed toward those residing along this corridor to ensure services meet their needs effectively. Transportation must be provided, when necessary, to bring individuals to the mobile shower and laundry locations, ensuring that transportation services remain within City limits.

1.3 Service Schedule and Locations:

Hygiene services will be provided twice a week at predetermined, approved locations within the 5.2-mile encampment area. These locations will be identified in collaboration with the City to ensure accessibility and maximize service impact.

1.4 Scope of Services:
• a) Fully Equipped, ADA-Compliant Units: The Subrecipient shall provide mobile units equipped with ADA-compliant showers and laundry facilities to ensure accessibility for all clients. • b) Sanitation and Maintenance: All units must be maintained in sanitary conditions, with regular cleanings and restocking of supplies to ensure hygiene standards are upheld. • c) Location Optimization: Coordination with City representatives and outreach teams is required to strategically position mobile units at locations that are convenient and accessible to the target population within the designated area.
• d) Scalability of Services: Services shall be flexible to adapt to demand fluctuations, scaling up or down as necessary to meet the needs of the target population effectively. • e) Qualified Personnel: The Subrecipient shall provide trained staff to manage all operational aspects, including client intake, assistance, and upkeep of mobile units. Personnel must be well-versed in client interactions and unit maintenance protocols.
• f) Supply Management: The Subrecipient is responsible for ensuring an ongoing stock of essential supplies, including toiletries, laundry detergent, and any other items necessary for client use.

1.5 Outreach and Transportation:
• The Subrecipient must actively target and market services to individuals within the Waterman Corridor, conducting outreach efforts to encourage participation among those most in need. • Transportation shall be offered to individuals who may need assistance in reaching the mobile unit locations, ensuring service accessibility within City limits.

1.6 Reporting and Accountability:
• a) Service Usage Records: The Subrecipient shall keep detailed records of service utilization, including the number of clients served and frequency of use. • b) Performance Reporting: Regular performance reports must be submitted to the City, covering usage metrics, client feedback, and other key indicators. • c) Evaluations and Compliance: The Subrecipient shall participate in periodic performance evaluations. These evaluations will assess service impact, client satisfaction, operational consistency, and contributions toward the broader goals of the Encampment Resolution Fund (ERF-3) project. Performance Packet Page. 119 assessments may include feedback on marketing efforts, service reliability, and adherence to City objectives.

The City retains the discretion to amend or retract the MOU with CAPS Mobile Shower at any time should services fail to align with these outlined standards or project objectives.

Packet Page. 120
EXHIBIT "B"

RATE SHEET
ERF-3-R Total Budget
Services Coordination $450,000.00
Mobile Showers and Laundry services $450,000.00
Community Action Partnership (CAPS) $450,000.00
Grand Total $450,000.00
Packet Page. 121
EXHIBIT "C"

ERF GRANT AUDITING AND REPORTING

1. Provide quarterly reports of expenditures and services provided that include outreach and service path data at the anonymized, individual level;

2. Maintain current housing status data for persons served in the aggregate;

3. Maintain housing status data for persons served in the aggregate;

4. Ensure continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD-supplied funding codes;

5. Maintain and make available individual, client-level data for persons served by grant funding to the City and HCD, in addition to any data reported through the local Homeless Management Information System, as required by the ERF Program for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served;

6. Comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d)

7. Participate in a program evaluation regarding implementation of the ERF Program as requested by HCD or its designee;

8. For the purpose of evaluation, allow HCD or its designee to visit sites related to the project and film, tape, photograph, interview, and otherwise document the Subrecipient's operations during normal business hours and with reasonable advance notice;

9. Maintain active data, documents, and filings in anticipation of evaluation. Special care should be taken to organize and preserve internal work products that guided the implementation of the ERF Program;

10. Coordinate and cooperate with a City-provided independent certified public accountant for audit purposes if requested

11. Record Inspection: HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under the ERF Program and this Agreement.

The Subrecipient agrees to provide the City, HCD, or its designee, with any relevant information requested within 30 days of a written request;

12. Record Retention: The Subrecipient agrees to retain all records described above for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues that arise from it;

13. Submit a Final Work Product by June 30, 2027, including programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

Packet Page. 122
EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times; in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to California's workers’ compensation laws. However, at any time, if I employ any person that I become subject to the workers’ compensation laws of California, immediately, I shall provide the City with a certificate of consent to self-insure or certification of workers’ compensation insurance.

I certify, under penalty of perjury under the laws of the State of California, that the information and representations in this certificate are true and correct.

SUBRECIPIENT,
Community Action Partnership of San Bernardino County
By: Date:

Packet Page. 123

HOMELESS RESOURCE SERVICES AGREEMENT
This Agreement for the provision of Homeless Resource Services ("Agreement") is made and entered into this (Insert Date and Month, 2025) ("Effective Date") by and between the City of San Bernardino, a municipal corporation ("City") and VARP, Inc (Gibson House), a California 501(c)(6) nonprofit public benefit corporation ("Subrecipient"). City and Subrecipient are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, the City and the Subrecipient agree as follows:

ARTICLE 1 - ENGAGEMENT OF SUBRECIPIENT

1.1 This Agreement is being funded by grant funding from the State of California Encampment Resolution Funding Program ("ERF" or "Program"), established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and administered by the California Department of Housing and Community Development ("HCD") in the Business, Consumer Services and Housing Agency ("Agency"). City is a Grantee of the ERF Program.

1.2 The City hereby engages the Subrecipient to provide homeless resources and services for the City (the "Services") through the provision of Supportive Interim Housing program ("Program") for homeless individuals within the prioritized encampment area in the City, in accordance with the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference.

1.3 The term of the Agreement shall take effect (Date, 2025) and shall terminate on June 30, 2027, unless otherwise canceled or modified according to the terms of this Agreement.

1.4 The Services shall be performed by the Subrecipient in a professional manner, and the Subrecipient represents that it has the requisite qualifications, expertise, and experience in the provision of Supportive Interim Housing programs for homeless individuals or families or individuals or families at risk of homelessness, and is willing to use said state funds to operate said program in compliance with the principles of Housing First as defined in Welfare and Institutions Code section 8255.

1.5 The Subrecipient agrees to assist individuals experiencing homelessness by providing supportive interim housing services, ensuring consistent access to shelter, meals, and supportive services for those residing in the designated prioritized encampment area, in alignment with the principles of Housing First and the objectives of the ERF program.

ARTICLE 2 - SERVICES OF SUBRECIPIENT

2.1 The Services that Subrecipient shall provide are more particularly described in Exhibit "A," titled, "Scope of Services," which is attached hereto and incorporated herein by this reference.

Subrecipient shall offer supportive interim housing for 42 persons, including 12 male beds and 6 female beds (with the capacity to serve at least 30 males and 12 females per year). Services include meals, psychological health supportive services, substance use treatment, access to medical treatment, and connection to permanent housing placements.

2.2 The Subrecipient shall comply with applicable federal, state, and local laws and regulations in the performance of this Agreement, including, but not limited to, any applicable State prevailing wage laws. This Agreement is subject to any additional restrictions, limitations, conditions or statutes, regulations, or any other laws, whether federal, State of California, or any agency, department, or any political subdivision of the federal or State of California, which may affect the provisions, terms or funding of the ERF Program and this Agreement in any manner.

2.3 The Subrecipient agrees to comply with all conditions of this Agreement, including the Special Conditions set forth in Exhibit E of the ERF Standard Agreement. These conditions shall be met to the satisfaction of HCD prior to the disbursement of funds. All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people Packet Page. 124 experiencing homelessness in encampments.

2.4 The City agrees to reimburse the Subrecipient for the provision of the services set forth in the Scope of Work in an amount not to exceed $771,600 in funding under the ERF. No funds of the City shall be or become a source of funds under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF CITY

3.1 The City shall make available to the Subrecipient information in its possession that may reasonably assist the Subrecipient in providing the Services.

3.2 The City designates [Insert Name], [Insert Title], as City's representative with respect to performance of the Services, and such person shall have the authority to act on behalf of the City. The City may designate another individual as the City's representative by providing written notice to the Subrecipient.

ARTICLE 4 - PERFORMANCE OF SERVICES

4.1 The Subrecipient shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services" ("Services") which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be from the Effective Date until June 30, 2027, unless terminated earlier as provided herein. The Subrecipient shall complete all Services and expend all funds by June 30, 2027.

4.3 Subrecipient shall provide all information required by the City to conform to the reporting and auditing requirements of the ERF Program as required by this Agreement. This includes, but is not limited to, quarterly reports and a Final Work Product to be submitted by June 30, 2027.

4.4 If Subrecipient's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council-adopted policy for the same. It shall be the obligation of the Subrecipient to obtain a copy of such a policy from City staff.

4.5 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

4.6 The Subrecipient agrees to assist individuals and families experiencing homelessness by providing accessible hygiene services twice per week, ensuring consistent access to mobile showers and laundry facilities for those residing in the designated prioritized encampment area, in alignment with the principles of Housing First and the objectives of the ERF program.

4.7 The Subrecipient shall offer fully equipped, ADA-compliant mobile units capable of delivering shower and laundry services, designed to meet a wide range of physical needs. The Subrecipient will maintain the units in sanitary conditions, ensuring regular cleaning, restocking of supplies, and adherence to health and safety protocols as required by the ERF program and applicable regulations.

ARTICLE 5 - PAYMENTS TO SUBRECIPIENT

5.1 The total compensation for Subrecipient's Services shall be in the amount of seven hundred seventy-one thousand six hundred dollars ($771,600). The City shall disburse funds to the Subrecipient in accordance with the approved budget and the terms of the ERF Program.

5.2 The Subrecipient shall submit quarterly reports to City describing the Services provided during the preceding quarter. Subrecipient's reports shall include all information required by HCD, Packet Page. 125 including but not limited to: a brief description of the Services performed, client identification, the dates the Services were performed, the value of resources expended, and any other pertinent information related to the Services. Additional ERF Program auditing and reporting requirements are described in Exhibit "C" titled "ERF Program Reporting" which is attached hereto and incorporated herein by this reference.

5.3 The Subrecipient shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025. All Program funds (100 percent) shall be expended by June 30, 2027. Any funds not expended by this date shall be returned to the City within 15 days for reversion to HCD.

Note: The City is actively pursuing an extension of the 50% expenditure deadline beyond June 30, 2025, with HCD, citing delays in the Standard Agreement and the complexity of managing multiple service agreements. Given the scale and structure of the required programs, additional expenditure time is essential to ensure successful implementation and full compliance with grant objectives. The City has initiated discussions with HCD to determine the formal process for requesting such accommodations.

5.4 If at any time during the term of the Agreement, the Subrecipient determines or anticipates unexpended funds will be present at termination, the Subrecipient is to contact the City in writing and coordinate possible reallocation of funds to ensure service goals of the ERF Program are met.

5.5 Upon termination of the Agreement, any unexpended funds shall be returned to the City within 15 days.

5.6 All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

5.7 The monthly reimbursement rate for Subrecipient's Services shall be $2,572 per person served, for a period of 6 months.

ARTICLE 6 - INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by the Subrecipient for the duration of its performance of the Services. The Subrecipient shall not perform any Services unless and until the required insurance listed below is obtained by the Subrecipient. The Subrecipient shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to the City.

A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to the City, or certification to the City that the Subrecipient is self-insured or exempt from the workers' compensation laws of the State of California. The Subrecipient shall execute and provide the City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Commercial General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for bodily injury, personal injury, and property damage. City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability.

This coverage shall include all Subrecipient-owned, non-owned, and hired vehicles used in connection with Subrecipient's provision of the Services. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall Packet Page. 126 be primary and non-contributing to any insurance or self-insurance maintained by the City.

D. Professional Liability (Errors and Omissions) Insurance appropriate to the Subrecipient's profession, with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

6.2 The Subrecipient shall defend, indemnify, and hold harmless the City and its elected and appointed officials, employees, and agents from and against any and all claims, losses, and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of Subrecipient, or its officers, employees, and agents in performing the Services.

ARTICLE 7 - CONFLICTS OF INTEREST

7.1 The Subrecipient covenants and represents that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement. Subrecipient further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 The Subrecipient agrees it is not a designated employee within the meaning of the Political Reform Act because the Subrecipient:

A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation or adopt or enforce a City law; (ii) issue, deny, suspend, or revoke any City permit license, application, certification, approval, order, or similar authorization or entitlement; (iii) authorize the City to enter into, modify, or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study, or similar item; (vi) adopt or grant City approval of policies, standards, or guidelines for the City or for any subdivision thereof.

B. Does not serve in a staff capaCity with the City and, in that capaCity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 The Subrecipient acknowledges that it may be required to file a Statement of Economic Interests (Form 700) if it is determined to be a "consultant" within the meaning of the Political Reform Act. The Subrecipient agrees to file such statement if requested by the City and to comply with all applicable requirements regarding disclosure of financial interests

7.4 The Subrecipient shall establish and make known to its agents and employees appropriate safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

ARTICLE 8 - GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreementshall be held to be a waiver of any prior or subsequent breach. The failure of the City to enforce at any time the provisions of this Agreement, or to require at any time performance by Subrecipient of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right of City Packet Page. 127 to enforce the provisions of this Agreement.

8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.

8.3 The Subrecipient shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement.

8.4 The Subrecipient is for all purposes under this the Agreement an independent contractor and shall perform the Services as an independent contractor. Subrecipient shall have no authority, express or implied, to act on behalf of City in any capaCity whatsoever as an agent, nor shall Subrecipient have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by the City in accordance with the terms set forth in the ERF Program Standard Agreement. Upon termination, Subrecipient shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to the City, copies (in both hard copy and electronic form, where applicable) of all project-related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Subrecipient in performing the Services.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

8.7 The Subrecipient shall maintain books, ledgers, invoices, accounts, and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years after the termination of this Agreement. City and HCD shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

8.8 The Subrecipient agrees to comply with all state and federal laws, rules, and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Subrecipient, its Subrecipients, and all eligible activities.

8.9 The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace

8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire Agreement and understanding between the Parties as to the matters contained herein. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Subrecipient.

8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California

8.12 If one or more of the sentences, clauses, paragraphs or sections contained in this Packet Page. 128 Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein.

8.13 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

8.14 The Subrecipient shall comply with all reporting requirements as detailed in Exhibit D of the ERF Standard Agreement, including quarterly reports and a Final Work Product to be submitted by June 30, 2027.

8.15 The Subrecipient acknowledges that HCD maintains sole authority to determine if a Grantee or Subrecipient is acting in compliance with the program objectives and may direct actions to be taken to ensure compliance with this Agreement.

Packet Page. 129

SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND VARP. INC (GIBSON HOUSE)
IN WITNESS WHEREOF, duly authorized representatives of City and Subrecipient have signed in confirmation of this Agreement.

City of San Bernardino
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO
FORM:

Best Best & Krieger
LLP
Albert Maldonado
VARP, Inc (Gibson House)

Signature

Name

Title
Packet Page. 130
EXHIBIT "A"

SCOPE OF SERVICES

1. Interim Sheltering - Supportive Interim Housing

1.1 Service Provider: VARP, Inc., operating as Gibson House

1.2 Service Description: Subrecipient shall provide supportive interim housing services for individuals experiencing homelessness within the City-designated encampment area. These services shall be designed to provide temporary, safe accommodation while working towards permanent housing solutions.

1.3 Capacity and Duration:

1.3.1 Subrecipient shall maintain a capacity to serve forty-two (42) individuals at any given time.

1.3.2 The facility shall provide twelve (12) male beds and six (6) female beds, with the capability to serve at least thirty (30) males and twelve (12) females annually.

1.3.3 The duration of services for each individual shall not exceed six (6) months unless otherwise approved in writing by the City.

1.4 Specific Services: The Subrecipient shall provide the following services as part of the supportive interim housing program:

1.4.1 Safe and Sanitary Accommodations: Maintain clean, secure, and habitable living spaces that comply with all applicable health and safety regulations.

1.4.2 Nutritional Support: Provide three (3) nutritionally balanced meals per day to all program participants.

1.4.3 Psychological Health Services: Offer on-site mental health support, including individual counseling and group therapy sessions, conducted by licensed or certified professionals.

1.4.4 Substance Use Treatment: Provide assessment, treatment planning, and referrals to specialized substance use disorder programs as needed.

1.4.5 Medical Care Access: Facilitate access to medical treatment, including regular health screenings and assistance in connecting participants with primary care providers.

1.4.6 Case Management: Assign a dedicated case manager to each participant to develop individualized service plans and coordinate access to necessary resources.

1.4.7 Housing Placement: Actively work towards securing permanent housing placements for all participants, with the goal of transitioning individuals out of homelessness.

Packet Page. 131
EXHIBIT "B"

RATE SHEET
ERF-3-R Total Budget
Interim Sheltering $ 771,600
Supportive Interim Housing $ 771,600
Grand Total $ 771,600
Packet Page. 132
EXHIBIT "C"

ERF GRANT AUDITING AND REPORTING

1. Provide quarterly reports of expenditures and services provided that include outreach and service path data at the anonymized, individual level;

2. Maintain current housing status data for persons served in the aggregate;

3. Maintain housing status data for persons served in the aggregate;

4. Ensure continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD-supplied funding codes;

5. Maintain and make available individual, client-level data for persons served by grant funding to the City and HCD, in addition to any data reported through local Homeless Management Information System, as required by the ERF Program for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served;

6. Comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d

7. Participate in a program evaluation regarding implementation of the ERF Program as requested by HCD or its designee;

8. For the purpose of evaluation, allow HCD or its designee to visit sites related to the project and film, tape, photograph, interview, and otherwise document Subrecipient's operations during normal business hours and with reasonable advance notice;

9. Maintain active data, documents, and filings in anticipation of evaluation. Special care should be taken to organize and preserve internal work products that guided implementation of the ERF Program;

10. Coordinate and cooperate with a City-provided independent certified public accountant for audit purposes if requested

11. Record Inspection: HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under the ERF Program and this Agreement.

The Subrecipient agrees to provide the City, HCD, or its designee, with any relevant information requested within 30 days of a written request;

12. Record Retention: The Subrecipient agrees to retain all records described above for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues that arise from it;

13. Submit a Final Work Product by June 30, 2027, including programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

Packet Page. 133
EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Packet Page. 134

HOMELESS RESOURCE SERVICES AGREEMENT
This Agreement for the provision of Homeless Resource Services ("Agreement") is made and entered into this this (Insert Date and Month, 2025) ("Effective Date") by and between the City of San Bernardino, a municipal corporation ("City") and VARP, Inc (Gibson House), a California 501(c)(6) nonprofit public benefit corporation ("Subrecipient"). City and Subrecipient are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, the City and the Subrecipient agree as follows:

ARTICLE 1 - ENGAGEMENT OF SUBRECIPIENT

1.1 This Agreement is being funded by grant funding from the State of California Encampment Resolution Funding Program ("ERF" or "Program"), established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and administered by the California Department of Housing and Community Development ("HCD") in the Business, Consumer Services and Housing Agency ("Agency"). The City is a Grantee of the ERF Program.

1.2 The City hereby engages the Subrecipient to provide homeless resources and services for City (the "Services") through the provision of Prevention and Diversion Services ("Program") for individuals at risk of homelessness or re-entry into homelessness within the prioritized encampment area in the City, in accordance with the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference.

1.3 The term of the Agreement shall take effect (Date, 2025) and shall terminate on June 30, 2027, unless otherwise canceled or modified according to the terms of this Agreement.

1.4 The Services shall be performed by the Subrecipient in a professional manner and represents that it has the requisite qualifications, expertise, and experience in the provision of Prevention and Diversion Services for individuals at risk of homelessness or re-entry into homelessness and is willing to use said state funds to operate said program in compliance with the principles of Housing First as defined in Welfare and Institutions Code section 8255.

1.5 The Subrecipient agrees to assist individuals at risk of homelessness by providing early intervention and alternative housing solutions, ensuring consistent access to prevention services for those at risk of entering or re-entering homelessness, in alignment with the principles of Housing First and the objectives of the ERF program.

ARTICLE 2 - SERVICES OF SUBRECIPIENT

2.1 The Services that Subrecipient shall provide are more particularly described in Exhibit "A," titled, "Scope of Services," which is attached hereto and incorporated herein by this reference. The Subrecipient shall offer Prevention and Diversion Services for 60 persons, including early intervention and alternative housing solutions to support at-risk individuals and prevent re-entry into homelessness.

2.2 The Subrecipient shall comply with applicable federal, state, and local laws and regulations in the performance of this Agreement, including, but not limited to, any applicable State prevailing wage laws. This Agreement is subject to any additional restrictions, limitations, conditions, statutes, regulations, or any other laws, whether federal, State of California, or any agency, department, or any political subdivision of the federal or State of California, which may affect the provisions, terms or funding of the ERF Program and this Agreement in any manner.

2.3 The Subrecipient agrees to comply with all conditions of this Agreement, including the Special Conditions set forth in Exhibit E of the ERF Standard Agreement. These conditions shall be met to the satisfaction of HCD prior to the disbursement of funds. All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Packet Page. 135

2.4 The City agrees to reimburse the Subrecipient for the provision of the services set forth in the Scope of Work in an amount not to exceed $100,000 in funding under the ERF. No funds of the City shall be or become a source of funds under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF CITY

3.1 The City shall make available to the Subrecipient information in its possession that may reasonably assist the Subrecipient in providing the Services.

3.2 The City designates [Insert Name], [Insert Title], as City's representative with respect to performance of the Services, and such person shall have the authority to act on behalf of the City. The City may designate another individual as the City's representative by providing written notice to the Subrecipient.

ARTICLE 4 - PERFORMANCE OF SERVICES

4.1 The Subrecipient shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services" ("Services"), which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be from the Effective Date until June 30, 2027, unless terminated earlier as provided herein. The Subrecipient shall complete all Services and expend all funds by June 30, 2027.

4.3 The Subrecipient shall provide all information required by the City to conform to the reporting and auditing requirements of the ERF Program as required by this Agreement. This includes, but is not limited to, quarterly reports and a Final Work Product to be submitted by September 30, 2027.

4.4 If Subrecipient's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form and made available to the City consistent with City Council-adopted policy for the same. It shall be the obligation of the Subrecipient to obtain a copy of such a policy from the City staff.

4.5 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in a way that identifies individual projects, services, and clients supported by ERF funding.

4.6 The Subrecipient agrees to assist individuals at risk of homelessness by providing early intervention and alternative housing solutions, ensuring consistent access to prevention services for those at risk of entering or re-entering homelessness within the designated prioritized encampment area, in alignment with the principles of Housing First and the objectives of the ERF program.

4.7 The Subrecipient shall offer Prevention and Diversion Services for 60 persons, including but not limited to:
• Individualized assessment of housing needs and barriers • Financial assistance for rent, utilities, or other housing-related expenses • Connection to mainstream benefits and employment services • Short-term case management to stabilize housing situations • Referrals to other community resources as needed
• Follow-up support to ensure long-term housing stability ARTICLE 5 - PAYMENTS TO SUBRECIPIENT

5.1 The total compensation for the Subrecipient's Services shall be one hundred thousand dollars Packet Page. 136 ($100,000). The City shall disburse funds to the Subrecipient in accordance with the approved budget and the terms of the ERF Program.

5.2 The Subrecipient shall submit quarterly reports to the City describing the Services provided during the preceding quarter. Subrecipient's reports shall include all information required by HCD, including but not limited to a brief description of the Services performed, client identification, the dates the Services were performed, the value of resources expended, and any other pertinent information related to the Services. Additional ERF Program auditing and reporting requirements are described in Exhibit "C" titled "ERF Program Reporting" and are attached hereto and incorporated herein by this reference.

5.3 Subrecipient shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025. All Program funds (100 percent) shall be expended by June 30, 2027. Any funds not expended by this date shall be returned to the City within 15 days for reversion to HCD.

5.4 If at any time during the term of the Agreement, the Subrecipient determines or anticipates unexpended funds will be present at termination, the Subrecipient is to contact the City in writing and coordinate possible reallocation of funds to ensure service goals of the ERF Program are met.

Note: The City is actively pursuing an extension of the 50% expenditure deadline beyond June 30, 2025, with HCD, citing delays in the Standard Agreement and the complexity of managing multiple service agreements. Given the scale and structure of the required programs, additional expenditure time is essential to ensure successful implementation and full compliance with grant objectives. The City has initiated discussions with HCD to determine the formal process for requesting such accommodations.

5.5 Upon termination of the Agreement, any unexpended funds shall be returned to the City within 15 days.

5.6 All expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

5.7 The reimbursement rate for Subrecipient's Services shall be $3,333 per person served for a period of 6 months
ARTICLE 6 - INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by the Subrecipient for the duration of its performance of the Services. The Subrecipient shall not perform any Services unless and until the required insurance listed below is obtained by the Subrecipient. Subrecipient shall provide the City with certificates of insurance and endorsements evidencing such insurance before commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to the City.

A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to the City, or certification to the City that Subrecipient is self-insured or exempt from the workers' compensation laws of the State of California. The Subrecipient shall execute and provide the City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to the performance of the Services.

B. Commercial General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for bodily injury, personal injury, and property damage. City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City.

Packet Page. 137
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability.

This coverage shall include all Subrecipient owned, non-owned, and hired vehicles used in connection with Subrecipient's provision of the Services. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City.

D. Professional Liability (Errors and Omissions) Insurance appropriate to the Subrecipient's profession, with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

6.2 The Subrecipient shall defend, indemnify, and hold harmless the City and its elected and appointed officials, employees, and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of the Subrecipient, or its officers, employees and agents in performing the Services.

ARTICLE 7 - CONFLICTS OF INTEREST

7.1 The Subrecipient covenants and represents that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement. Subrecipient further covenants and represents that in performing its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 The Subrecipient agrees it is not a designated employee within the meaning of the Political Reform Act because the Subrecipient:

A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capaCity with City and, in that capaCity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 Subrecipient acknowledges that it may be required to file a Statement of Economic Interests (Form 700) if it is determined to be a "consultant" within the meaning of the Political Reform Act. Subrecipient agrees to file such statement if requested by City and to comply with all applicable requirements regarding disclosure of financial interests

7.4 The Subrecipient shall establish and make known to its agents and employees appropriate safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

ARTICLE 8 - GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreementshall be held to be a waiver of any prior or subsequent Packet Page. 138 breach. The failure of the City to enforce at any time the provisions of this Agreement, or to require at any time performance by Subrecipient of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right of City to enforce the provisions of this Agreement.

8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.

8.3 The Subrecipient shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of the City, result in City's immediate termination of this Agreement.

8.4 The Subrecipient is, for all purposes under this Agreement, an independent contractor and shall perform the Services as an independent contractor. Subrecipient shall have no authority, express or implied, to act on behalf of City in any capaCity whatsoever as an agent, nor shall Subrecipient have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by City in accordance with the terms set forth in the ERF Program Standard Agreement. Upon termination, Subrecipient shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of all project-related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Subrecipient in performing the Services.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

8.7 The Subrecipient shall maintain books, ledgers, invoices, accounts, and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years after the termination of this Agreement. City and HCD shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

8.8 The Subrecipient agrees to comply with all state and federal laws, rules, and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Subrecipient and all eligible activities.

8.9 The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace

8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire Agreement and understanding between the Parties as to the matters contained herein. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Subrecipient.

8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California Packet Page. 139

8.12 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein.

8.13 The Subrecipient shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

8.14 The Subrecipient shall comply with all reporting requirements as detailed in Exhibit D of the ERF Standard Agreement, including quarterly reports and a Final Work Product to be submitted by September 30, 2027.

8.15 The Subrecipient acknowledges that HCD maintains sole authority to determine if a Grantee or Subrecipient is acting in compliance with the program objectives and may direct actions to be taken to ensure compliance with this Agreement.

Packet Page. 140

SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND VARP. INC (GIBSON HOUSE)
IN WITNESS WHEREOF, duly authorized representatives of City and Subrecipient have signed in confirmation of this Agreement.

City of San Bernardino
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO
FORM:

Best Best & Krieger
LLP
Albert Maldonado
VARP, Inc (Gibson House)

Signature

Name

Title
Packet Page. 141
EXHIBIT "A"

SCOPE OF SERVICES

1. Prevention and Diversion Services
• Service Description: Subrecipient shall provide early intervention and alternative housing solutions to support at-risk individuals and prevent re-entry into homelessness. These services shall be designed to stabilize housing situations and promote long-term self-sufficiency.

Capacity and Duration:
• Subrecipient shall have the capacity to serve sixty (60) individuals through the prevention and diversion program.
• The duration of services for each individual shall be up to six (6) months, with the possibility of extension based on individual needs and subject to City approval.

Specific Services: The Subrecipient shall provide the following prevention and diversion services:
• Needs Assessment: Conduct comprehensive evaluations of each participant's housing needs and potential barriers to stable housing.
• Financial Assistance: Provide targeted financial support for rent, utilities, or other housing-related expenses to prevent homelessness or facilitate rapid re-housing. • Benefits Coordination: Assist participants in accessing mainstream benefits and employment services to increase income stability.
• Case Management: Provide short-term, intensive case management to stabilize housing situations and develop long-term sustainability plans.
• Community Referrals: Connect participants with additional community resources as needed to address underlying causes of housing instability.
• Follow-up Support: Conduct regular check-ins with participants for up to six months after initial intervention to ensure continued housing stability.

Packet Page. 142
EXHIBIT "B"

RATE SHEET

1. Prevention and Diversion Services
• Service Rate: Three thousand three hundred thirty-three dollars ($3,333) per person for the six-month service period
• Capacity: Sixty (60) persons
• Total Maximum Amount: One hundred thousand dollars ($100,000) • The Subrecipient shall submit quarterly invoices to the City detailing the number of individuals served and the corresponding charges.
• Each invoice shall be accompanied by a detailed report of services provided, as Exhibit C outlines.

ERF-3-R Total Budget
Prevention and Diversion $100,000
Prevention client from returning to encampment $100,000 Grand Total $100,000
Packet Page. 143
EXHIBIT "C"

ERF GRANT AUDITING AND REPORTING

1. Provide quarterly reports of expenditures and services provided that include outreach and service path data at the anonymized, individual level;

2. Maintain current housing status data for persons served in the aggregate;

3. Ensure continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes;

4. Maintain and make available individual, client-level data for persons served by grant funding to the City and HCD, in addition to any data reported through local Homeless Management Information System, as required by the ERF Program for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served;

5. Comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d);

6. Participate in a program evaluation regarding implementation of the ERF Program as requested by HCD or its designee;

7. For the purpose of evaluation, allow HCD or its designee to visit sites related to the project and film, tape, photograph, interview, and otherwise document Subrecipient's operations during normal business hours and with reasonable advance notice;

8. Maintain active data, documents, and filings in anticipation of evaluation. Special care should be taken to organize and preserve internal work products that guided implementation of the ERF Program;

9. Coordinate and cooperate with City-provided independent certified public accountant for audit purposes if requested

10. Record Inspection: HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under the ERF Program and this Agreement.

The Subrecipient agrees to provide the City, HCD, or its designee, with any relevant information requested within 30 days of a written request;

11. Record Retention: The Subrecipient agrees to retain all records described above for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues that arise from it;

12. Submit a Final Work Product by September 30, 2027, including programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

13. Adhere to the specific funding expenditure deadlines: expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025, and expend all Program funds (100 percent) by June 30, 2027.

Packet Page. 144
EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times; in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to California's workers’ compensation laws. However, at any time, if I employ any person that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.

I certify, under penalty of perjury under the laws of the State of California, that the information and representations in this certificate are true and correct.

SUBRECIPIENT,
VARP, Inc (Gibson House)
Packet Page. 145
City of San Bernardino Salary Schedule
Effective 11.21.24
CLASS
CODE

CLASSIFICATION TITLE UNIT
SALARY
RANGE
BOTTOM
STEP

TOP STEP

MONTHLY/
HOURLY
30011 ACCOUNTANT I (FLEX) GEN 465 $5,152.04 $6,262.81 MONTHLY 30012 ACCOUNTANT II GEN 485 $5,693.15 $6,920.37 MONTHLY 10012 ACCOUNTANT II - PAYROLL CONF 485 $5,547.80 $6,743.69 MONTHLY 20013 ACCOUNTANT III MID MGT 520 $6,773.01 $8,233.00 MONTHLY 10860 ACCOUNTING DIVISION MANAGER (U) MGT 608 $10,245.69 $12,453.91 MONTHLY 30017 ACCOUNTING TECHNICIAN I (FLEX) GEN 399 $3,707.91 $4,505.89 MONTHLY 33017 ACCOUNTING TECHNICIAN I (FLEX) - POLICE PD GEN 399 $3,707.91 $4,505.89 MONTHLY 30018 ACCOUNTING TECHNICIAN II GEN 419 $4,096.06 $4,978.51 MONTHLY 33018 ACCOUNTING TECHNICIAN II - POLICE PD GEN 419 $4,096.06 $4,978.51 MONTHLY 30758 ACCOUNTING TECHNICIAN III GEN 437 $4,480.78 $5,446.57 MONTHLY 10508 ADMINISTRATIVE ANALYST I FLEX (U) CONF 496 $5,860.40 $7,123.04 MONTHLY 10510 ADMINISTRATIVE ANALYST II (U) CONF 526 $6,805.99 $8,273.31 MONTHLY 33603 ADMINISTRATIVE ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY 33709 ADMINISTRATIVE ASSISTANT - POLICE PD GEN 400 $3,726.18 $4,528.72 MONTHLY 33165 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) CONF 464 $4,996.03 $6,072.88 MONTHLY 33707 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (U) CONF 410 $3,816.83 $4,638.93 MONTHLY 33166 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) CONF 410 $3,816.83 $4,638.93 MONTHLY 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) CONF 430 $4,217.31 $5,125.07 MONTHLY 10534 ADMINISTRATIVE CLAIMS SPECIALIST CONF 420 $4,011.51 $4,875.88 MONTHLY 20457 ADMINISTRATIVE SERVICES SUPERVISOR MID MGT 484 $5,659.76 $6,879.09 MONTHLY 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) MGT 535 $7,118.59 $8,652.66 MONTHLY 30140 ANIMAL CONTROL OFFICER I (FLEX) GEN 411 $3,936.23 $4,784.44 MONTHLY 30141 ANIMAL CONTROL OFFICER II GEN 424 $4,199.94 $5,105.23 MONTHLY 30092 ANIMAL LICENSE INSPECTOR GEN 370 $3,207.89 $3,899.70 MONTHLY 20320 ANIMAL SERVICES MANAGER MID MGT 526 $6,978.32 $8,482.80 MONTHLY 30130 ANIMAL SERVICES REPRESENTATIVE GEN 370 $3,207.89 $3,899.70 MONTHLY 20319 ANIMAL SERVICES SUPERVISOR MID MGT 478 $5,493.23 $6,677.20 MONTHLY 30119 ANIMAL SHELTER ATTENDANT GEN 370 $3,207.89 $3,899.70 MONTHLY 00300 APPRENTICE (PT) NA 381 $17.13 $20.82 HOURLY
City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
1 Packet Page. 146
City of San Bernardino Salary Schedule
Effective 11.21.24
20620 AQUATICS SUPERVISOR MID MGT 468 $5,225.19 $6,352.12 MONTHLY 30400 ARBORIST GEN 452 $4,828.96 $5,870.10 MONTHLY
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST GEN 500 $6,134.95 $7,456.92 MONTHLY 10492 ASSISTANT BUILDING OFFICIAL MGT 583 $9,044.25 $10,993.26 MONTHLY 30271 ASSISTANT BUYER GEN 430 $4,327.80 $5,259.35 MONTHLY 50141 ASSISTANT CHIEF OF POLICE PMA P6 $24,632.73 $24,632.73 MONTHLY 10644 ASSISTANT CITY MANAGER (U) EXEC 705 $16,621.16 $20,201.04 MONTHLY 30312 ASSISTANT LITERACY PROGRAM COORDINATOR GEN 365 $3,129.12 $3,803.81 MONTHLY 30168 ASSISTANT PLANNER (FLEX) GEN 502 $6,196.60 $7,532.27 MONTHLY 10216 ASSISTANT TO THE CITY MANAGER (U) MGT 580 $8,910.75 $10,830.84 MONTHLY 10104 ASSISTANT TO THE MAYOR I (U) MGT 430 $4,217.31 $5,125.07 MONTHLY 10105 ASSISTANT TO THE MAYOR II (U) MGT 480 $5,410.97 $6,576.82 MONTHLY 10106 ASSISTANT TO THE MAYOR III (U) MGT 530 $6,943.93 $8,440.18 MONTHLY 10107 ASSISTANT TO THE MAYOR IV (U) MGT 580 $8,910.75 $10,830.84 MONTHLY 20169 ASSOCIATE PLANNER MID MGT 530 $7,119.76 $8,653.89 MONTHLY 10042 AUDITOR I CONF 515 $6,443.33 $7,831.67 MONTHLY
10043 AUDITOR II CONF 537 $7,189.79 $8,739.43 MONTHLY
00194 BACKGROUND INVESTIGATOR (PT) NA 493 $29.94 $36.39 HOURLY 10060 BUDGET DIVISION MANAGER (U) MGT 608 $10,245.69 $12,453.91 MONTHLY 10062 BUDGET OFFICER MGT 581 $8,955.25 $10,884.24 MONTHLY 20250 BUILDING INSPECTION SUPERVISOR MID MGT 542 $7,558.90 $9,187.70 MONTHLY 30072 BUILDING INSPECTOR I (FLEX) GEN 460 $5,025.32 $6,108.70 MONTHLY 30073 BUILDING INSPECTOR II GEN 487 $5,750.23 $6,988.87 MONTHLY 30074 BUILDING INSPECTOR III GEN 511 $6,480.86 $7,878.17 MONTHLY 10500 BUILDING OFFICIAL (U) MGT 613 $10,504.90 $12,767.63 MONTHLY 30502 BUSINESS REGISTRATION INSPECTOR GEN 459 $5,000.20 $6,077.87 MONTHLY 20263 BUSINESS REGISTRATION MANAGER MID MGT 530 $7,119.76 $8,653.89 MONTHLY 30650 BUSINESS REGISTRATION REPRESENTATIVE I GEN 419 $4,096.06 $4,978.51 MONTHLY 30651 BUSINESS REGISTRATION REPRESENTATIVE II GEN 429 $4,306.11 $5,233.09 MONTHLY 20271 BUYER MID MGT 460 $5,021.01 $6,103.46 MONTHLY
10870 CAPITAL IMPROVEMENT PROJECT MANAGER MGT 591 $9,412.47 $11,441.58 MONTHLY 30292 CEMETERY CARETAKER GEN 395 $3,633.71 $4,416.85 MONTHLY 10398 CHIEF DEPUTY CITY CLERK (U) MGT 565 $8,267.75 $10,049.90 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
2 Packet Page. 147
City of San Bernardino Salary Schedule
Effective 11.21.24
50280 CHIEF OF POLICE EXEC NA $29,336.84 $29,336.84 MONTHLY 10399 CITY CLERK (U) NA 636 $10,590.00 $12,873.00 MONTHLY 00601 CITY COUNCIL NA NA $3,125.00 $3,125.00 MONTHLY
10370 CITY MANAGER (U) MGT NA $27,814.58 $27,814.58 MONTHLY 10801 CITY PLANNER (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10495 CIVIL ENGINEERING DIVISION MANAGER (U) MGT 620 $10,877.57 $13,221.51 MONTHLY 10273 CODE ENFORCEMENT DIVISION MANAGER (U) MGT 563 $8,185.43 $9,949.78 MONTHLY 30450 CODE ENFORCEMENT OFFICER I (FLEX) GEN 441 $4,570.96 $5,556.16 MONTHLY 30455 CODE ENFORCEMENT OFFICER II GEN 472 $5,335.83 $6,485.42 MONTHLY 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR CONF 482 $5,465.48 $6,643.57 MONTHLY 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY 30890 COMMUNITY DEVELOPMENT TECHNICIAN GEN 446 $4,686.26 $5,696.58 MONTHLY 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR GEN 438 $4,503.61 $5,473.97 MONTHLY 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) MGT 600 $9,845.21 $11,966.66 MONTHLY 30754 COMMUNITY POLICING SPECIALIST GEN 470 $5,282.18 $6,421.49 MONTHLY 20923 COMMUNITY RECREATION MANAGER MID MGT 556 $8,105.25 $9,851.54 MONTHLY 30821 COMMUNITY RECREATION PROGRAM COORDINATOR GEN 388 $3,509.27 $4,266.15 MONTHLY 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR MID MGT 488 $5,773.82 $7,018.24 MONTHLY 20504 COMMUNITY SERVICES CENTER SUPERVISOR MID MGT 458 $4,971.97 $6,043.01 MONTHLY 33758 COMMUNITY SERVICES OFFICER PD GEN 427 $4,262.73 $5,181.72 MONTHLY 20781 COMMUNITY SERVICES OFFICER SUPERVISOR MID MGT 480 $5,547.98 $6,743.35 MONTHLY 30990 COMMUNITY SERVICES PROGRAM COORDINATOR GEN 438 $4,503.61 $5,473.97 MONTHLY 20424 CONSTRUCTION MANAGER MID MGT 585 $9,366.78 $11,384.54 MONTHLY 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) CONF 506 $6,160.77 $7,487.92 MONTHLY 30604 CRIME ANALYSIS SUPPORT ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY 33603 CRIME ANALYST PD GEN 493 $5,924.90 $7,201.21 MONTHLY 00605 CRIME DATA TECHNICIAN (PT) NA 368 $16.05 $19.51 MONTHLY 20600 CRIME FREE PROGRAM COORDINATOR MID MGT 490 $5,832.00 $7,088.96 MONTHLY 33602 CRIMINAL INVESTIGATION OFFICER PD GEN 493 $5,924.90 $7,201.21 MONTHLY 00054 CUSTODIAL AIDE (PT) NA 368 $16.05 $19.51 HOURLY
20616 CUSTODIAL SUPERVISOR MID MGT 477 $5,465.86 $6,642.98 MONTHLY 30621 CUSTODIAN GEN 368 $3,175.93 $3,860.89 MONTHLY
30222 CUSTOMER SERVICE REPRESENTATIVE GEN 386 $3,475.03 $4,223.92 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) GEN 396 $3,651.97 $4,439.68 MONTHLY 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) GEN 396 $3,651.97 $4,439.68 MONTHLY 30224 CUSTOMER SERVICE REPRESENTATIVE (U) GEN 386 $3,475.03 $4,223.92 MONTHLY 30100 DATA ANALYST GEN 444 $4,640.60 $5,640.64 MONTHLY
10650 DEPUTY CITY CLERK I (U) CONF 490 $5,687.97 $6,913.90 MONTHLY 10654 DEPUTY CITY CLERK II (U) MGT 530 $6,943.93 $8,440.18 MONTHLY 9372 DEPUTY CITY MANAGER (U) EXECUTIVE 700 $16,211.78 $19,704.88 MONTHLY 10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U) MGT 619 $10,823.06 $13,155.87 MONTHLY 10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10830 DEPUTY DIRECTOR OF OPERATIONS (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) MGT 629 $11,377.06 $13,828.91 MONTHLY 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) MGT 678 $14,526.41 $17,656.86 MONTHLY 10802 DEPUTY DIRECTOR/CITY PLANNER (U) MGT 662 $13,412.85 $16,303.00 MONTHLY 10400 DEPUTY LIBRARY DIRECTOR (U) MGT 575 $8,690.48 $10,563.86 MONTHLY 40466 DETECTIVE/CORPORAL POA P2 $8,983.07 $11,780.88 MONTHLY 10685 DIRECTOR OF ANIMAL SERVICES (U) EXECUTIVE 630 $11,433.79 $13,897.88 MONTHLY 9526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U) EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY 09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U) EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY 09710 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) EXECUTIVE 692 $15,577.68 $18,933.95 MONTHLY 09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U) EXECUTIVE 660 $13,279.35 $16,140.58 MONTHLY 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) EXECUTIVE 660 $13,279.35 $16,140.58 MONTHLY 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY 09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) EXECUTIVE 692 $15,577.68 $18,933.95 MONTHLY 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST MID MGT 560 $8,268.36 $10,050.01 MONTHLY 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) MGT 590 $9,365.74 $11,384.85 MONTHLY 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) MGT 600 $9,845.21 $11,966.66 MONTHLY 10119 ECONOMIC DEVELOPMENT MANAGER (U) MGT 560 $8,064.17 $9,801.83 MONTHLY 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER MGT 560 $8,064.17 $9,801.83 MONTHLY 10120 ECONOMIC DEVELOPMENT SPECIALIST CONF 500 $5,978.32 $7,266.54 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
30831 ELECTRICIAN I (FLEX) GEN 445 $4,663.43 $5,668.04 MONTHLY 30841 ELECTRICIAN II GEN 465 $5,152.04 $6,262.81 MONTHLY 10367 EMERGENCY OPERATIONS MANAGER MGT 565 $8,267.75 $10,049.90 MONTHLY 30432 ENGINEERING ASSISTANT I (FLEX) GEN 450 $4,781.02 $5,811.88 MONTHLY 30434 ENGINEERING ASSISTANT II GEN 475 $5,415.74 $6,583.60 MONTHLY 30436 ENGINEERING ASSISTANT III GEN 511 $6,480.86 $7,878.17 MONTHLY 20441 ENGINEERING ASSOCIATE MID MGT 532 $7,190.48 $8,740.58 MONTHLY 10180 ENGINEERING PROJECT MANAGER MGT 590 $9,365.74 $11,384.85 MONTHLY 30445 ENGINEERING TECHNICIAN GEN 446 $4,686.26 $5,696.58 MONTHLY 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER MGT 532 $7,012.91 $8,524.73 MONTHLY 30420 ENVIRONMENTAL PROGRAMS COORDINATOR GEN 464 $5,126.92 $6,231.99 MONTHLY 20444 ENVIRONMENTAL PROJECT MANAGER MID MGT 560 $8,268.36 $10,050.01 MONTHLY 20024 EQUIPMENT MAINTENANCE MANAGER MID MGT 551 $7,905.64 $9,609.73 MONTHLY 20025 EQUIPMENT MAINTENANCE SUPERVISOR MID MGT 523 $6,875.66 $8,357.33 MONTHLY 30921 EQUIPMENT MECHANIC I (FLEX) GEN 431 $4,348.35 $5,285.60 MONTHLY 30902 EQUIPMENT MECHANIC II GEN 450 $4,781.02 $5,811.88 MONTHLY 30943 EQUIPMENT SERVICE WORKER GEN 408 $3,878.01 $4,713.66 MONTHLY 30707 EXECUTIVE ASSISTANT GEN 430 $4,327.80 $5,259.35 MONTHLY 33707 EXECUTIVE ASSISTANT - POLICE PD GEN 430 $4,327.80 $5,259.35 MONTHLY 10707 EXECUTIVE ASSISTANT (U) CONF 430 $4,217.31 $5,125.07 MONTHLY 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) CONF 464 $4,996.03 $6,072.88 MONTHLY 10978 EXECUTIVE ASSISTANT TO MAYOR (U) CONF 502 $6,038.40 $7,339.97 MONTHLY 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) CONF 502 $6,038.40 $7,339.97 MONTHLY 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) MGT 550 $7,671.48 $9,325.70 MONTHLY 00083 EXTRA RELIEF HEAVY LABORER (PT) NA 368 $16.05 $19.51 HOURLY 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) MGT 591 $9,412.47 $11,441.58 MONTHLY 30623 FACILITIES MAINTENANCE MECHANIC GEN 420 $4,116.61 $5,003.63 MONTHLY 20092 FACILITIES MAINTENANCE SUPERVISOR MID MGT 515 $6,606.48 $8,029.97 MONTHLY 10512 FINANCIAL ANALYST MGT 532 $7,012.91 $8,524.73 MONTHLY 30506 FLEET PARTS STOREKEEPER GEN 398 $3,688.51 $4,484.20 MONTHLY 30944 FLEET PARTS TECHNICIAN GEN 438 $4,503.61 $5,473.97 MONTHLY 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) NA 368 $16.05 $19.51 HOURLY 20060 FOOD SERVICE SUPERVISOR MID MGT 478 $5,493.23 $6,677.20 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
33165 FORENSICS SPECIALIST I (FLEX) PD GEN 448 $4,734.21 $5,753.66 MONTHLY 33166 FORENSICS SPECIALIST II PD GEN 478 $5,497.94 $6,682.92 MONTHLY 20160 FORENSICS SUPERVISOR MID MGT 543 $7,596.54 $9,233.33 MONTHLY 20490 FORESTRY SUPERVISOR MID MGT 542 $7,558.90 $9,187.70 MONTHLY 10624 GIS ADMINISTRATOR CONF 580 $8,910.75 $10,830.84 MONTHLY 10623 GIS ANALYST CONF 483 $5,492.18 $6,675.83 MONTHLY
10730 GRANT DIVISION MANAGER (U) MGT 601 $9,894.16 $12,026.73 MONTHLY 10778 GRANT WRITER CONF 506 $6,160.77 $7,487.92 MONTHLY 30133 GRANTS ANALYST GEN 476 $5,443.14 $6,616.71 MONTHLY 30136 GRANTS ASSISTANT GEN 390 $3,544.66 $4,308.39 MONTHLY 20100 GRANTS MANAGER (U) MID MGT 506 $6,316.76 $7,677.52 MONTHLY 30098 GROUNDWORKER ARBORIST GEN 392 $3,580.05 $4,351.77 MONTHLY 30516 HAZMAT TECHNICIAN GEN 452 $4,828.96 $5,870.10 MONTHLY PENDING HOMELESS OUTREACH COORDINATOR MGT 532 $7,012.91 $8,524.73 MONTHLY PENDING HOMELESS OUTREACH SPECIALIST GEN 464 $5,126.92 $6,231.99 MONTHLY 30699 HOMELESS SERVICES ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY 10700 HOMELESS SERVICES COORDINATOR MGT 556 $7,905.09 $9,608.26 MONTHLY 10699 HOMELESS SOLUTIONS MANAGER (U) MGT 601 $9,894.16 $12,026.73 MONTHLY 10121 HOUSING COMPLIANCE SPECIALIST MGT 500 $5,978.32 $7,266.54 MONTHLY 10129 HOUSING DIVISION MANAGER (U) MGT 601 $9,894.16 $12,026.73 MONTHLY 10657 HUMAN RESOURCES ANALYST CONF 518 $6,540.11 $7,949.59 MONTHLY 10683 HUMAN RESOURCES ANALYST I CONF 500 $5,978.32 $7,266.54 MONTHLY 10684 HUMAN RESOURCES ANALYST II CONF 518 $6,540.11 $7,949.59 MONTHLY 10682 HUMAN RESOURCES ANALYST TRAINEE CONF 476 $5,304.18 $6,447.78 MONTHLY 10672 HUMAN RESOURCES DIVISION MANAGER (U) MGT 590 $9,365.74 $11,384.85 MONTHLY 10673 HUMAN RESOURCES GENERALIST CONF 490 $5,687.97 $6,913.90 MONTHLY 30207 HUMAN RESOURCES TECHNICIAN GEN 418 $4,075.51 $4,954.54 MONTHLY 30101 HVAC MECHANIC GEN 460 $5,025.32 $6,108.70 MONTHLY 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) CONF 498 $5,919.36 $7,195.35 MONTHLY 10626 INFORMATION TECHNOLOGY ANALYST II CONF 520 $6,605.75 $8,029.69 MONTHLY 10637 INFORMATION TECHNOLOGY MANAGER MGT 599 $9,796.26 $11,906.59 MONTHLY 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR CONF 530 $6,943.93 $8,440.18 MONTHLY 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) CONF 430 $4,217.31 $5,125.07 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
10159 LAND DEVELOPMENT ENGINEER MGT 590 $9,365.74 $11,384.85 MONTHLY 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) GEN 447 $4,710.24 $5,725.12 MONTHLY 30639 LANDSCAPE & IRRIGATION INSPECTOR II GEN 467 $5,204.55 $6,325.60 MONTHLY 00308 LAW ENFORCEMENT TRAINEE NA NA $34.77 $34.77 HOURLY 30113 LEAD ANIMAL CONTROL OFFICER GEN 437 $4,480.78 $5,446.57 MONTHLY 30080 LEAD BUILDING INSPECTOR GEN 526 $6,984.30 $8,490.07 MONTHLY 30463 LEAD CODE ENFORCEMENT OFFICER GEN 498 $6,074.45 $7,383.86 MONTHLY 30311 LEAD CUSTODIAN GEN 397 $3,670.24 $4,461.37 MONTHLY 30932 LEAD EQUIPMENT MECHANIC GEN 470 $5,282.18 $6,421.49 MONTHLY 20170 LEAD FORENSICS SPECIALIST MID MGT 516 $6,639.56 $8,069.89 MONTHLY 30490 LEAD MAINTENANCE WORKER GEN 452 $4,828.96 $5,870.10 MONTHLY 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER GEN 471 $5,309.58 $6,453.46 MONTHLY 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) CONF 497 $5,889.33 $7,158.64 MONTHLY 10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) MGT 593 $9,507.03 $11,556.16 MONTHLY 30335 LIBRARIAN I (FLEX) GEN 450 $4,781.02 $5,811.88 MONTHLY 30366 LIBRARIAN II GEN 479 $5,525.34 $6,716.03 MONTHLY
30341 LIBRARY ASSISTANT GEN 370 $3,207.89 $3,899.70 MONTHLY 20388 LIBRARY CIRCULATION SUPERVISOR MID MGT 460 $5,021.01 $6,103.46 MONTHLY 10401 LIBRARY DIRECTOR (U) EXECUTIVE 635 $11,723.03 $14,248.30 MONTHLY 20385 LIBRARY NETWORK ADMINISTRATOR MID MGT 492 $5,890.17 $7,159.68 MONTHLY 30380 LIBRARY NETWORK TECHNICIAN GEN 422 $4,157.70 $5,053.86 MONTHLY 00361 LIBRARY PAGE (PT) NA 368 $16.05 $19.51 HOURLY
20387 LIBRARY PROGRAM COORDINATOR MID MGT 450 $4,776.92 $5,806.90 MONTHLY 30391 LIBRARY TECHNICIAN I (FLEX) GEN 380 $3,372.28 $4,099.48 MONTHLY 30392 LIBRARY TECHNICIAN II GEN 402 $3,762.71 $4,574.39 MONTHLY 00133 LIFEGUARD (PT) NA 377 $16.79 $20.41 HOURLY
30215 LITERACY PROGRAM COORDINATOR GEN 470 $5,282.18 $6,421.49 MONTHLY 20484 MAINTENANCE SUPERVISOR MID MGT 522 $6,841.45 $8,315.13 MONTHLY 30486 MAINTENANCE WORKER I (FLEX) GEN 393 $3,598.32 $4,373.47 MONTHLY 30487 MAINTENANCE WORKER II GEN 415 $4,015.00 $4,880.34 MONTHLY 30488 MAINTENANCE WORKER III GEN 425 $4,220.49 $5,130.35 MONTHLY 10530 MANAGEMENT ANALYST I (FLEX) MGT 476 $5,304.18 $6,447.78 MONTHLY 10531 MANAGEMENT ANALYST I (FLEX)(U) MGT 476 $5,304.18 $6,447.78 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
10532 MANAGEMENT ANALYST II MGT 506 $6,160.77 $7,487.92 MONTHLY 10533 MANAGEMENT ANALYST II (U) MGT 506 $6,160.77 $7,487.92 MONTHLY 10516 MARKETING & MEDIA SPECIALIST CONF 476 $5,304.18 $6,447.78 MONTHLY 33515 MARKETING & PUBLIC RELATIONS SPECIALIST PD GEN 461 $5,050.43 $6,139.52 MONTHLY 00502 MAYOR NA NA $4,166.67 $4,166.67 MONTHLY
10503 MAYOR'S CHIEF OF STAFF (U) MGT 580 $8,910.75 $10,830.84 MONTHLY 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) MGT 561 $8,104.22 $9,850.77 MONTHLY 10528 NETWORK SYSTEMS ADMINISTRATOR CONF 566 $8,308.91 $10,099.96 MONTHLY 30425 NPDES INSPECTOR I (FLEX) GEN 461 $5,050.43 $6,139.52 MONTHLY 30426 NPDES INSPECTOR II GEN 485 $5,693.15 $6,920.37 MONTHLY 20555 NPDES MANAGER MID MGT 525 $6,944.10 $8,440.60 MONTHLY 10122 OMBUDSPERSON CONF 518 $6,540.11 $7,949.59 MONTHLY 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) MGT 591 $9,412.47 $11,441.58 MONTHLY PENDING PARK RANGER PD GEN 397 $3,670.24 $4,461.37 MONTHLY 20178 PARK RANGER SUPERVISOR MID MGT 480 $5,547.98 $6,743.35 MONTHLY 33581 PARKING ENFORCEMENT OFFICER PD GEN 380 $3,372.28 $4,099.48 MONTHLY 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR MID MGT 534 $7,262.33 $8,828.41 MONTHLY 30611 PARKS MAINTENANCE WORKER I (FLEX) GEN 390 $3,544.66 $4,308.39 MONTHLY 30622 PARKS MAINTENANCE WORKER II GEN 421 $4,137.15 $5,028.74 MONTHLY 10064 PAYROLL SUPERVISOR MGT 521 $6,639.12 $8,069.74 MONTHLY 10068 PAYROLL TECHNICIAN CONF 430 $4,217.31 $5,125.07 MONTHLY 20400 PERMIT SERVICES SUPERVISOR MID MGT 494 $5,949.48 $7,231.54 MONTHLY 30691 PLANNING AIDE GEN 456 $4,926.00 $5,987.69 MONTHLY 10713 PLANNING DIVISION MANAGER (U) MGT 594 $9,554.86 $11,614.01 MONTHLY 30680 PLANS EXAMINER I (FLEX) GEN 499 $6,105.27 $7,420.39 MONTHLY 30682 PLANS EXAMINER II GEN 534 $7,268.56 $8,835.98 MONTHLY 30481 PLUMBER GEN 450 $4,781.02 $5,811.88 MONTHLY
00192 POLICE CADET (PT) NA 368 $16.05 $19.51 HOURLY
00520 POLICE CALL TAKER (PT) NA 396 $19.85 $24.14 HOURLY 50283 POLICE CAPTAIN PMA P5 $20,120.63 $20,120.63 MONTHLY 20775 POLICE DISPATCH MANAGER MID MGT 528 $7,049.04 $8,568.35 MONTHLY 20772 POLICE DISPATCH SUPERVISOR MID MGT 498 $6,069.24 $7,377.54 MONTHLY 32767 POLICE DISPATCHER I (FLEX) PDA 425 $4,270.80 $5,191.49 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
32768 POLICE DISPATCHER II PDA 456 $4,984.71 $6,059.05 MONTHLY 33848 POLICE FLEET MAINTENANCE EXPEDITOR PD GEN 398 $3,688.51 $4,484.20 MONTHLY 50402 POLICE LIEUTENANT PMA P4 $17,096.33 $17,096.33 MONTHLY 40751 POLICE OFFICER POA P1 $7,736.00 $10,331.35 MONTHLY 33218 POLICE PERSONNEL AND TRAINING TECHNICIAN PD GEN 457 $4,951.11 $6,018.51 MONTHLY PENDING POLICE RECORDS MANAGER MID MGT 528 $7,049.04 $8,568.35 MONTHLY 20765 POLICE RECORDS SUPERVISOR MID MGT 464 $5,122.53 $6,226.65 MONTHLY 33219 POLICE RECORDS TECHNICIAN I (FLEX) PD GEN 369 $3,191.91 $3,880.29 MONTHLY 33220 POLICE RECORDS TECHNICIAN II PD GEN 390 $3,544.66 $4,308.39 MONTHLY 40332 POLICE SERGEANT POA P3 $10,165.61 $13,312.72 MONTHLY 30585 POOL MAINTENANCE COORDINATOR GEN 421 $4,137.15 $5,028.74 MONTHLY 00331 POOL MANAGER I (PT) NA 421 $20.91 $25.41 HOURLY
00333 POOL MANAGER II (PT) NA 443 $23.33 $28.36 HOURLY
20019 PRINCIPAL ACCOUNTANT MID MGT 550 $7,865.72 $9,561.83 MONTHLY 10182 PRINCIPAL CIVIL ENGINEER MGT 600 $9,845.21 $11,966.66 MONTHLY 10243 PRINCIPAL PLANNER MGT 613 $10,504.90 $12,767.63 MONTHLY 20864 PROCUREMENT CONTRACT SPECIALIST MID MGT 520 $6,773.01 $8,233.00 MONTHLY 00360 PROGRAMMING/TRAFFIC ASSISTANT NA 400 $18.83 $22.89 HOURLY 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) MGT 550 $7,671.48 $9,325.70 MONTHLY 10639 PROJECT MANAGER/COMMUNITY SERVICES MGT 550 $7,671.48 $9,325.70 MONTHLY 20949 PROPERTY AND EVIDENCE SUPERVISOR MID MGT 494 $5,949.48 $7,231.54 MONTHLY 33947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) PD GEN 411 $3,936.23 $4,784.44 MONTHLY 33948 PROPERTY AND EVIDENCE TECHNICIAN II PD GEN 472 $5,335.83 $6,485.42 MONTHLY 10212 PUBLIC INFORMATION OFFICER (U) MGT 593 $9,507.03 $11,556.16 MONTHLY 30580 PUBLIC WORKS INSPECTOR I (FLEX) GEN 476 $5,443.14 $6,616.71 MONTHLY 30583 PUBLIC WORKS INSPECTOR II GEN 499 $6,105.27 $7,420.39 MONTHLY 30584 PUBLIC WORKS INSPECTOR III GEN 529 $7,090.47 $8,617.93 MONTHLY 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER MGT 510 $6,284.25 $7,639.22 MONTHLY 10863 PURCHASING DIVISION MANAGER (U) MGT 598 $9,747.32 $11,847.63 MONTHLY PENDING RANGEMASTER PD GEN 465 $5,152.04 $6,262.81 MONTHLY 10440 REAL PROPERTY MANAGER MGT 580 $8,910.75 $10,830.84 MONTHLY 10259 RECORDS MANAGEMENT SPECIALIST (U) CONF 460 $4,897.02 $5,952.74 MONTHLY 00222 RECREATION AIDE (PT) NA 368 $16.05 $19.51 HOURLY
City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
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City of San Bernardino Salary Schedule
Effective 11.21.24
00244 RECREATION LEADER (PT) NA 375 $16.62 $20.20 HOURLY 00230 RECREATION SPECIALIST (PT) NA 400 $18.83 $22.89 HOURLY 00256 RECREATION SUPERVISOR (AQUATICS) (PT) NA 481 $28.20 $34.28 HOURLY 30825 RECREATION THERAPIST GEN 468 $5,229.66 $6,357.56 MONTHLY 30115 REGISTERED VETERINARY TECHNICIAN GEN 450 $4,781.02 $5,811.88 MONTHLY 10690 RISK DIVISION MANAGER (U) MGT 590 $9,365.74 $11,384.85 MONTHLY 10538 SAFETY OFFICER CONF 530 $6,943.93 $8,440.18 MONTHLY 00266 SECURITY OFFICER I (PT) NA 378 $16.88 $20.51 HOURLY 00265 SECURITY OFFICER II (PT) NA 402 $19.02 $23.12 HOURLY 10511 SENIOR ADMINISTRATIVE ANALYST (U) CONF 576 $8,733.87 $10,616.14 MONTHLY 30708 SENIOR ADMINISTRATIVE ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE GEN 390 $3,544.66 $4,308.39 MONTHLY 30410 SENIOR ARBORIST GEN 502 $6,196.60 $7,532.27 MONTHLY 10154 SENIOR CIVIL ENGINEER MGT 581 $8,955.25 $10,884.24 MONTHLY 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE GEN 435 $4,436.25 $5,392.91 MONTHLY 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) GEN 445 $4,663.43 $5,668.04 MONTHLY 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) GEN 445 $4,663.43 $5,668.04 MONTHLY 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) CONF 435 $4,322.99 $5,255.23 MONTHLY 10632 SENIOR GIS ANALYST CONF 530 $6,943.93 $8,440.18 MONTHLY 10656 SENIOR HUMAN RESOURCES TECHNICIAN CONF 461 $4,921.49 $5,982.77 MONTHLY 10622 SENIOR INFORMATION TECHNOLOGY ANALYST CONF 553 $7,787.17 $9,465.86 MONTHLY 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN CONF 488 $5,631.24 $6,844.92 MONTHLY 00283 SENIOR LIFEGUARD (PT) NA 396 $18.46 $22.44 HOURLY 10513 SENIOR MANAGEMENT ANALYST MGT 556 $7,905.09 $9,608.26 MONTHLY 10514 SENIOR MANAGEMENT ANALYST (U) MGT 556 $7,905.09 $9,608.26 MONTHLY 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR CONF 592 $9,460.30 $11,498.32 MONTHLY 30710 SENIOR OFFICE ASSISTANT GEN 375 $3,288.95 $3,997.88 MONTHLY 33710 SENIOR OFFICE ASSISTANT - POLICE PD GEN 375 $3,288.95 $3,997.88 MONTHLY 10223 SENIOR OFFICE ASSISTANT (U) CONF 375 $3,204.98 $3,895.81 MONTHLY 20243 SENIOR PLANNER MID MGT 567 $8,562.64 $10,407.03 MONTHLY 00294 SENIOR RECREATION LEADER (PT) NA 382 $17.22 $20.93 HOURLY 10300 SHELTER VETERINARIAN MGT 644 $12,260.35 $14,903.54 MONTHLY 30978 SOLID WASTE FIELD INSPECTOR GEN 450 $4,781.02 $5,811.88 MONTHLY City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
10 Packet Page. 155
City of San Bernardino Salary Schedule
Effective 11.21.24
20995 STATION MANAGER MID MGT 490 $5,832.00 $7,088.96 MONTHLY 00019 STUDENT INTERN (PT) NA 368 $16.05 $19.51 HOURLY
10689 SUPERVISING HUMAN RESOURCES ANALYST CONF 559 $8,024.13 $9,752.88 MONTHLY 20336 TECHNOLOGY LIBRARIAN MID MGT 502 $6,191.29 $7,525.82 MONTHLY 10443 TRAFFIC ENGINEER MGT 573 $8,604.83 $10,459.29 MONTHLY 20437 TRAFFIC ENGINEERING ASSOCIATE MID MGT 532 $7,190.48 $8,740.58 MONTHLY 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST MID MGT 552 $7,945.57 $9,657.64 MONTHLY 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR MID MGT 533 $7,226.98 $8,783.92 MONTHLY 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) GEN 450 $4,781.02 $5,811.88 MONTHLY 30448 TRAFFIC SIGNAL TECHNICIAN II GEN 484 $5,664.61 $6,884.98 MONTHLY 30449 TRAFFIC SIGNAL TECHNICIAN III GEN 513 $6,545.93 $7,956.94 MONTHLY 30667 TREASURY ASSISTANT GEN 399 $3,707.91 $4,505.89 MONTHLY 10740 TREASURY MANAGER MGT 598 $9,747.32 $11,847.63 MONTHLY 20666 TREASURY SUPERVISOR MID MGT 502 $6,191.29 $7,525.82 MONTHLY 30125 VETERINARY ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY 30620 VOLUNTEER COORDINATOR GEN 358 $3,021.81 $3,672.52 MONTHLY 30000 WEED ABATEMENT COORDINATOR GEN 462 $5,075.55 $6,170.34 MONTHLY (U) DENOTES UNCLASSIFIED
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 * Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2024/2025 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.

City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
11 Packet Page. 156
City of San Bernardino Salary Schedule
Effective 11.21.24
REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 11/20/24 REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
City of San Bernardino 24/25 Salary Schedule
Version Date: 11.20.24
12 Packet Page. 157

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 4, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis
Monitoring and Financial Audit Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-231 authorizing:

1. The City Manager, or designee, to execute a Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services for an amount not to exceed $362,316, and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2027; and

2. The City Manager, or designee, to execute the two (2) optional one (1) year extensions with an amount each year not to exceed $120,772.

Executive Summary
The City’s current Cannabis Monitoring and Financial Audits agreement expires on January 30, 2025. To ensure continued service, the City published a Request for Proposal (RFP) and selected Tetra Growth Systems dba Canna Business Services to replace SCI Consulting, which has been providing those services since 2019. The proposed agreement is for three (3) years with the option of two (2) one-year extensions, and in an amount not to exceed $362,316 (or $120,772 annually).

Background
In March 2018, the City Council enacted Chapter 5.10, establishing Commercial Cannabis Regulations through Ordinance MC-1546. This ordinance was later Packet Page. 158
amended in October 2018 with the adoption of Ordinance MC-1503. The City Council then passed Resolution 2018-227 to place the ordinance on the ballot for voter approval. The voters approved MC-1503, officially implementing cannabis regulations.

In June of 2019, staff released its first RFP for Cannabis Monitoring and Financial Audit Services. An agreement was awarded in December 2019 for a five (5) year term. That agreement is set to expire January 30, 2025.

In August 2024, an RFP for Cannabis Monitoring & Financial Audits was released by the Finance & Management Services Department. The scope of the RFP included:
• Facilitating yearly financial audits ensuring compliance with applicable laws • Monitoring Compliance with City Ordinance(s), and State and Local Laws through Inspections
• Conducting Background Checks
• Providing Plan Review Services
• Conduct Compliance Inspections
The RFP submittal deadline was schedule for September 25, 2024. A total of six (6) consultants submitted proposals which were all reviewed and evaluated by the Community Development & Housing Department. Interviews were held with the top four (4) consultants on October 14, 2024.

Discussion
The agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services is for a term of three (3) years with the option of two (2) one-year extensions, and in an amount not to exceed $362,316 (or $120,772 annually). The agreement begins on January 1, 2025 and is set to expire December 31, 2027. The agreement contains two (2) optional one (1) year extensions to be executed by the City Manager, or their designee.

The Agreement for Cannabis Monitoring and Financial Audits will provide the City with the following scope of services:

1. Compliance Inspections - This task would include onsite inspections of each commercial cannabis facility to ensure compliance with all State and local laws and regulations, including physical security measures, standard operating procedures, inventory track and trace controls, limited access areas, surveillance systems, locks and alarms, records retention and other requirements.

2. Financial Audits – Financial Audits will be done annually to ensure compliance with business tax reporting and remittance requirements, sales and inventory tracking, and all other requirements pursuant to Section 5.18 of the City of San Bernardino Municipal Code.

3. Background Checks – As a requirement set forth in Chapter 5.10 of the City of Packet Page. 159
San Bernardino Municipal Code, background checks are necessary for all owners, managers and principals associated with cannabis business applications, as well as for all employees or line staff as needed.

4. Plan Check – This task would include plan check services for proposed tenant improvements to ensure compliance with all State and local requirements.

The RFP issued by the City in August 2024, sought the services of a qualified consultant to assist the City in Cannabis Monitoring and Financial Audit Services.

The City received six (6) proposals from a wide range of consultants. The written proposals were evaluated by a selection committee comprised of City staff representing the Community Development & Housing and the Economic Development Departments, with follow-up interviews held with all the qualified submitting consultants. The total and average scores are listed below:

Consultants Total Average
Tetra Growth Systems dba Canna Business
Services 88 / 105 29.3
SCI Consulting Group 85 / 105 28.3
Global Go 82 / 105 27.3
Avenu 60 / 105 20
As a result, Canna Business Services was selected as the top candidate by the selection committee. The consulting firm is experienced and is considered an industry leader in cannabis development, implementation and enforcement. Additionally, Canna Business Services has extensive experience in Public Sector and local government work that spans a collective 50+ years of experience and over 28 markets.

Canna Business Services has proposed a per applicant fee of $4,875.00 for their services as outlined in the Scope of Services (Attachment 1).

Cost breakdown of agreement is as follows:

Annual Financial Audits and
Compliance Inspections $87,750
Background Checks $2,000
Plan Check Services $10,500
Material Development $5,250
Technical & Policy Expertise $10,500
Misc. Operations $5,000
Total Contract Costs $120,772 / 1 year
$362,316 / 3 years
Packet Page. 160
The total cost of the agreement is set not to exceed $362,316 (or $120,772 annually).

The term of the proposed agreement is three (3) years with the option of two (2) oneyear extensions. 2021-2025 Strategic Targets and Goals
Executing an agreement for Cannabis Monitoring & Audit Services aligns with Key Target No 1: Improved Operational & Financial Capacity ensuring regulatory compliance and enhancing revenue collection from cannabis businesses. This oversight strengthens financial accountability and helps optimize operational efficiency.

Fiscal Impact
The fiscal impact of this PSA with Tetra Growth Systems dba Canna Business Services is $362,316. There is sufficient budget in Community Development & Housing Department’s Fiscal Year 2024-25 Operating Budget to cover the cost of this agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-XXX authorizing:

1. The City Manager, or designee, to execute a Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services for an amount not to exceed $362,316, and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2027; and

2. The City Manager, or designee, to execute the two (2) optional one (1) year extensions with an amount each year not to exceed $120,772.

Attachments
Attachment 1 Resolution 2024-231
Attachment 2 Professional Services Agreement with Tetra Growth Systems dba Canna Business Services
Attachment 3 Tetra Growth Systems dba Canna Business Services RFP Submittal
Attachment 4 RFP F-24-1012 Cannabis Monitoring and Financial Audit Services
Ward:

All Wards
Synopsis of Previous Council Actions:

Packet Page. 161
Resolution No. 2024-231
Resolution 2024-231
December 4, 2024

RESOLUTION NO. 2024-231

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT

WITH TETRA GROWTH SYSTEMS DBA CANNA

BUSINESS SERVICES FOR CANNABIS MONITORING
AND FINANCIAL AUDIT SERVICES.

WHEREAS, on August 20, 2024, Finance and Management Services Department released a Request for Proposal (RFP) for Cannabis Monitoring & Financial Audit Services; and WHEREAS, the City received six (6) proposals from a wide range of consultants; and WHEREAS, the written proposals were evaluated by a selection committee comprised of City staff representing the Community Development and Housing and Economic Development Departments; and
WHEREAS, Tetra Growth Systems dba Canna Business Services was selected as the top candidate by the selection committee due to its experience and status as an industry leader in cannabis development, implementation and enforcement.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized and directed to execute a Professional Service Agreement with Tetra Growth Systems dba Canna Business Services attached hereto as Exhibit “A”, in an amount not to exceed $363,000 for a term of three (3) years ending December 30, 2027 with two (2) one year extensions.

SECTION 3. The authorization to execute the above referenced amendment is rescinded if the agreement is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution.

SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Packet Page. 162
Resolution No. 2024-231
Resolution 2024-231
December 4, 2024

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of December 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 163
Resolution No. 2024-231
Resolution 2024-231
December 4, 2024

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-231, adopted at a regular meeting held on the 4th day of December 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 164
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND TETRA GROWTH SYSTEMS DBA CANNA BUSINESS SERVICES
This Agreement is made and entered into as of December _____, 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Tetra Growth Systems dba Canna Business Services, a Limited Liability Company with its principal place of business at 3022 S. Morgan Point Rd., #186. Mount Pleasant, SC 29466 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Cannabis Monitoring and Financial Audit Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A.

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page. 165
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $362,316.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through December 30, 2027, with two (2) one year extensions at the discretion of the City Manager or his/her designee, unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.

Packet Page. 166
3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page. 167
4 interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page. 168
5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

Packet Page. 169
6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability NOT APPLICABLE
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7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability NOT APPLICABLE
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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8 j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed Packet Page. 172
9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page. 173
10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page. 174
11 time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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12 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Beth Panicucci as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton, Acting City
Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Tetra Growth Systems dba
Canna Business Services
3022 S. Morgan Point Rd., #186
Mount Pleasant, SC 29466
Attn: Emily Sisneros, ESQ

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page. 176
13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

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15 [SIGNATURES ON FOLLOWING PAGE]
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16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND TETRA GROWTH SYSTEMS DBA CANNA BUSINESS SERVICES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title
Packet Page. 180
17 EXHIBIT A

PROPOSED SCOPE OF SERVICES/SCHEDULE OF CHARGES
The Services sought under this Request for Proposals (“RFP”) Financial Audits:

Facilitate yearly financial audits to confirm sales and inventory compliance and ensure vendor compliance with Business Tax Reporting and Remittance, including Tax Returns.

Provide technical and policy expertise based on the industry and applicable laws.

Provide onsite facility inspections to ensure cannabis businesses are in compliance with applicable local and State laws.

Plan Check: Plan Check Services to be used, on an as needed bases, for applicant tenant improvement submittals to ensure changes to state laws and regulations are complied with, City Ordinance is adhered to and make recommendations based on current State Laws.

Background Checks: Conduct background checks for the primary business owners, partners and store managers that are listed on the applications and on an as needed basis for employees working at the business.

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18 PROPOSED BUDGET AND DELIVERABLES
*We offer these services through our discounted hourly rate of $175. We typically charge $200-$250 per hour for similar services. Rates are based on 17 licensed cannabis businesses existing in San Bernardino. Cost proposal can be adjusted based on the number of operating businesses.

Description of Deliverable Estimated Hours Hourly Rate Flat Rate Total Rate for In Person /
Rate for all other
deliverables
Total Rate for all Virtual + less
than 10 Background Checks
Project Management and Meetings with the
City (monthly + additional as needed meetings
with the city and two representatives from Canna
Business Services) - all virtual 28 $175 $0 $4,900.00 $4,900.00 Inspections Canna Business Services will create
checklists specific to San Bernardino cannabis
businesses and complete facility compliance
inspections of the associated businesses as
needed and annually. We estimate completing
approximately 17 inspections annually. We
estimate 5 hours per inspection - 2 hours for the
facility inspection, either on site or remote with a
guide; 2 hours for the report to be drafted; 1 hours
for communications and prepping for inspection /
reviewing the checklist. If there is an in person
inspection conducted, that will add an additional
$500 to each inspection estimate of $875 (for a
total of $1375 per inspection) 85 $175 $0 $23,375 $14,875.00 Financial Audits - includes per business fee of
$3000 (cost of financial audit if virutal) + $500 in
travel fees if conducted in person (for a cost of
$3500/ business) (17 cannabis businesses) Flat Rate $0 $3,500 $59,500.00 $51,000 Background Checks - (Flat rate of $100 per
background check estimating 10-20)* -- Flat Rate
of $60 per background check if less than 10 are
needed - estimated at 9 for this cost proposal Flat Rate $0 $100 $2,000.00 $540 Plan Check - includes 4 hours of review and
support per business for each of the estimated
fifteen licensed cannabis businesses. *As needed
to ensure laws and regulations are complied with -
all virtual 60 $175 N/A $10,500.00 $10,500.00
Development of Materials and Other
Resources (i.e. inspection and building checks
particular to San Bernardino items resulting from
technical assistance and City and CBS meetings,
business owner follow up, etc.) 30 $175 N/A $5,250.00 $5,250.00 Technical and Policy Expertise Expected to be
at approximately 5 hours per month. This section
includes as needed Virtual Pre-Licensing
Inspections. - all virtual 60 $175 N/A $10,500.00 $10,500.00 Stand-alone Email Address for Communication
with participants & the City (for 12 months) N/A $0 $96 $96 $96 Calendly for scheduling (for 12 months) N/A $0 $96 $96 $96 Paid Zoom Line for meetings with San Bernardino
and technical support with participants as needed
(for 12 months) N/A $0 $180 $180 $180
CBS Staff Training related to San Bernardino
Specific Processes 25 $175 0 $4,375.00 $4,375.00
Total Fee Estimate $120,772.00 $102,312.00
Travel Not to Exceed - $17,500 per year
The hour ranges listed above are estimated hours only and based on our extensive work across the country in supporting clients in their comprehensive cannabis projects. Thus, our goal is to provide services in a timely and efficient manner, while prioritizing thoroughness, effectiveness, and quality for the City of San Bernardino. The hourly rates listed above apply to all Canna Business Services team members assigned to the project. We are open to discussing and adjusting any of the above numbers. *Subject to change depending on scale of San Bernardino cannabis businesses and their employee turnover rates. We also are happy to move funds, if still available, from the background check section above to the compliance review section if needed.

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CANNABIS

MONITORING AND

FINANCIAL AUDIT

SERVICES

R E S P O N S E S U B M I T T E D
S E P T E M B E R 2 5 , 2 0 2 4

C A N N A B U S I N E S S S E R V I C E S
P R E P A R E D B Y :

T H E C I T Y O F S A N

B E R N A R D I N O , C A L I F O R N I A
P R E P A R E D F O R :

REQUEST FOR PROPOSALS
F-24-1012
Packet Page. 183

1. Executive Summary
Tetra Growth Systems, LLC d/b/a Canna Business Services is pleased to submit the following proposal in response to the City of San Bernardino’s Cannabis Compliance & Financial Audit Services RFP F-24-1012.

Canna Business Services is poised to support the City of San Bernardino in its Cannabis Monitoring and Financial Audit Services program by leveraging our team made up of in-house staff and proven and trusted subcontractors with extensive experience and expertise in compliance, auditing, and advisory services within the cannabis industry. Our dedicated team understands the complexities of the regulatory landscape and is committed to ensuring that all cannabis-related activities align with applicable laws and city ordinances.

We propose a comprehensive approach that encompasses the following key services:
➢ Yearly Financial Audits – Our team will facilitate thorough annual financial audits to ensure licensee compliance with all applicable laws and regulations. Our auditing process is designed to provide relevant insights while adhering to the highest standards of accuracy and integrity.
➢ Compliance Monitoring – Through inspections, Canna Business Services will monitor businesses’ compliance in accordance with city ordinances, state, and local laws. Our approach to compliance monitoring will help quickly identify and address potential issues before they escalate.
➢ Background Checks – We will conduct background checks on all primary owners as well as employees of the business, as needed, to verify the integrity and qualifications of key personnel seeking to enter the cannabis sector within the City of San Bernardino. ➢ Plan Review Services – Our team will provide detailed plan review services, analyzing plans for compliance and effectiveness with the goal of facilitating timely approvals. ➢ Pre-Licensing Inspections – We will conduct virtual pre-licensing inspections to facilitate a streamlined process for businesses seeking to operate within the City. Ensuring not only compliance with City ordinances, local and state regulations, as well as confirming the business’s level of operational readiness.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 184 1 Our team understands how comprehensive and successful cannabis programs are built into regulations and implemented on the state and local levels. We analyze the impact of these programs on cities and states and we understand how state and local communities can improve upon their programs to best serve their residents. Utilizing the team identified herein, our experience in navigating the complexities of the cannabis industry at the state, local, and business levels is extensive and qualifies us to do the work identified in the subject solicitation.

We have also worked extensively in California and are intimately familiar with the California cannabis regulations and their implications for applicants on the local level. We even have a registered office for one of our entities, The Canna Mind, in Sacramento, California. We look forward to applying this knowledge and experience to the City of San Bernardino’s cannabis program.

As outlined in this proposal, our diverse portfolio of clients not only includes individuals, license applicants, and licensed businesses, but also largely includes cities, counties, states, and Indian nations throughout the country, including multiple services with the City of Long Beach, California and the County of Mendocino, California. Since the introduction of our government agency services, we have saved agencies a whopping $5,000,000+ and over 10 years in time, by building seamless cannabis programs and helping them avoid the costly learning curves and litigation in the rollout of these programs. Canna Business Services combines technical expertise with a passion for public service. We are excited about the opportunity to collaborate with the City of San Bernardino, ensuring a compliant, transparent, and thriving cannabis industry that benefits the entire community.

Canna Business Services is committed to executing the work according to the agreed-upon schedule once both parties, ourselves and the City of San Bernardino finalize the timeline.

Furthermore, after reviewing Exhibit B, the template professional services agreement provided by the City of San Bernardino in the RFP, we do not have any proposed alterations to the contractual terms and conditions.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 185 2

2. Table of Contents

3. Identification of Proposer 4

4. Staffing Resources 4

5. Fiscal Stability: 25

6. Experience and Technical Competence: 30

7. Proposed Method to Accomplish the Scope of Work: 41

8. Fee Proposal 46

9. Insurance 47

10. Litigation 47

11. Other Information 47

12. Certification of Proposal 48

13. Appendices 48
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 186 3

3. Identification of Proposer
Legal Name of Company: Tetra Growth Systems, LLC d/b/a Canna Business Services Legal Address of Company: 3022 S Morgan Point Rd, #186, Mount Pleasant, SC 29466 Legal Form of Company: Single-Member Limited Liability Company Point of Contact: Beth Panicucci, Director of Operations, [email protected], 412-282-7375
California Business License Number: 202251417486

4. Staffing Resources
a. Canna Business Services’ Staffing and Key Personnel
(i) Dedicated Team for Cannabis Monitoring and Financial Audits We have a dedicated team of 10 highly skilled and experienced professionals who will be assigned to perform cannabis monitoring and financial audit services for the City of San Bernardino. Our team includes experts from various disciplines, ensuring comprehensive coverage of the City’s proposed scope of work and beyond. Each Canna Business Services’ staff member holds relevant job titles and qualifications, enabling them to provide exceptional service.

Additionally, our firm has the capacity to scale resources and provide additional personnel as needed and as requested by the City, ensuring flexibility and timely responsiveness throughout the duration of the contract. This allows us to meet any change in demands while maintaining the highest level of quality work.

As a woman-owned-and-operated team, our staff brings expertise from a variety of fields:
including lawyers, state grant writers and auditors, competitive cannabis application project preparers, former cannabis operators, regulatory compliance specialists, brand developers, state and federal contract professionals, educational providers, and non-profit owners specializing in the provision of services for underrepresented people groups. Our team is adept at cannabis compliance services, saving many companies from compliance issues across the country by conducting preliminary compliance audits with our tried and true processes. Our preferred partner, Sax LLP, is an experienced cannabis accounting firm with a presence in California, who is uniquely qualified to complete financial audits of all types of cannabis businesses. We have completed extensive projects in the public sector during the past five years, specifics are detailed throughout this proposal.

The names and job titles of the staff that will be assigned to this project are as follows:
● Emily Sisneros, Esq.
○ CEO of Canna Business Services – Program Director/Executive ● Beth Panicucci, M.Ed.

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○ Director of Operations of Canna Business Services – Project Manager and Program Development
● Todd Polyniak, CPA
○ Partner, Cannabis Leader, and CPA at Sax, LLP – Lead Auditor/Accounting ● Marissa Cortes
○ General Manager of Canna Business Services – Project Oversight and Reporting ● January Riggin
○ Executive Assistant and Outreach Coordinator at Canna Business Services – Outreach Coordinator
● Lauren Miranda
○ Technical Support Team Member at Canna Business Services – Technical Assistance Team Lead
● Erinn Promo
○ Technical Support Team Member at Canna Business Services – Technical Assistance Team Member
● Maricela Breedlove
○ Technical Support Team Member at Canna Business Services – Technical Assistance Team Member
● Abby Fisher
○ Technical Support Team Member at Canna Business Services – Technical Assistance Team Member
● Khylla Watson
○ Technical Support Team Member at Canna Business Services – Technical Assistance Team Member
(ii)
Emily Sisneros, Esq., will serve as the Program Director/Executive, providing overall leadership and strategic direction. Beth Panicucci, as Project Manager and Program Development Lead, will oversee daily operations and ensure project milestones are achieved. Todd Polyniak, in the role of Lead Auditor/Accountant, will manage financial oversight and auditing. These three individuals will be principally responsible for working directly with the City of San Bernardino, ensuring that project timelines, workflow, and objectives align with both the proposed scope and the City’s goals.
(iii) Canna Business Services’ Team Structure and Resumes City of San Bernardino
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Organizational Structure for Cannabis Consulting Services in City of San Bernardino City of San Bernardino
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(iv) Staff Biographies
Emily Sisneros, Esq., who will function in the role of Program Director/Executive, is the founder, CEO, and valiant leader of Tetra Growth Systems, LLC d/b/a Canna Business Services. Armed with a doctorate degree in law, a degree in business marketing, and extensive experience in the startup industry space, she offers an unparalleled blend of multifaceted knowledge and unwavering dedication.

Emily started as an attorney in one of the largest firms in Pittsburgh, Pennsylvania. During this time, Emily helped build the firm's cannabis division and served in the capacity as a cannabis attorney for its clients, helping clients obtain licenses in the very first licensing round in the Commonwealth. This round ushered in what has since been adopted by almost all limited licensing states thereafter: ultra-competitive, comprehensive regulatory compliant applications.

However, while working alongside consultants, she saw the lack of quality in their work and lack of support provided to clients. As a result, she left the firm and began her own consultancy, where she has built a team that provides comprehensive work, support, and education to clients within every facet of the cannabis industry.

Since her start in the cannabis industry in 2016, Emily Sisneros has been supporting clients throughout the country. Canna Business Services, founded in 2018 and in operation for over 5 years, has grown to serve clients all over the world. Her firm is also known as “the consultant to the consultants”, as her firm is frequently used by consulting companies who market themselves as providing comprehensive cannabis industry support but do not have the bandwidth or experience to perform the work.

Representing Canna Business Services, Emily is asked to speak on stages across the country, providing education and industry tips for those interested in starting in the cannabis industry, growing their business, building a brand, or remaining compliant. She regularly speaks on topics related to social equity programs throughout the country and has provided education to social equity license applicants across every state in which a social equity program is implemented.

Canna Business Services is classified as a small business, composed of approximately 15 team members, almost all of whom are females. Its members bring expertise from a variety of fields, including lawyers, state grant writers and auditors, former cannabis operators and compliance experts, published journal editors, federal and local contract professionals, educational providers, and nonprofit owners.

Emily has worked in both the city of Long Beach and the county of Mendocino, on our robust technical assistance programs. She is proud that GoBiz has referred to our implementation of Long Beach’s social equity education and technical assistance program as the best executed in California. Currently, the company is certified as a woman owned Minority Business Enterprise in the state of South Carolina and is in the application process for Federal certification as a Woman-Owned Small Business.

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Beth Panicucci, M.Ed, who will perform the role of Project Manager and Program Development, will supervise the day to day, and will function as the main point of contact for the City, seamlessly bridges operational efficiency with cutting-edge technological approaches, ensuring meticulous oversight of team members and effective management of complex, long-term projects.

Equipped with a Master's degree in Education and certifications as a Google Level 1 educator and Common Sense Media Certified Educator, Beth's career has been devoted to advancing technology integration in education and fostering digital communication skills among educators.

A seasoned educational professional, Beth specializes in designing and implementing comprehensive professional development programs, particularly in Google Apps for Education and Google Classroom. Her expertise extends to developing blended learning lessons across various grades and supporting literacy and the IB MYP Program through instructional technology integration. The IB MYP program is built on a foundation of rubrics. She has extensive training in creating unbiased rubrics to evaluate both student work and businesses. Her educational background is an asset to our clients. She is renowned for her role in training and coaching teachers on utilizing a wide array of instructional technology tools, including Google Classroom, Peardeck, Newsela, Flipgrid, and SMARTBoard, among others.

Within Canna Business Services, Beth has showcased her prowess in operational strategy and process optimization. Her career highlights include leading senior management teams in developing and executing comprehensive plans and Standard Operating Procedures (SOPs), driving growth, profitability, and operational efficiencies within organizations. Beth excels in implementing robust project management systems and leveraging tools like Google Sheets and Microsoft Excel for seamless project tracking and reporting. Furthermore, Beth's meticulous attention to detail and industry knowledge shines in handling grants, business licenses, and state applications in regulated industries. Her expertise extends to creating and editing extensive business plans and security plans, contributing significantly to the success of Canna Business Services.

Beth has also been certified through OSHAcademy Occupational Safety & Health Course in Fire Prevention Plans, a knowledge that she seamlessly applies to our clients’ cannabis businesses.

Beth's talent in cultivating enduring relationships with clients, operators, and colleagues has fostered a collaborative ecosystem and propelled business growth. Her focus on process efficiency and measurement has led to the implementation of effective tools for assessing internal and external processes, significantly enhancing client management capacity at Canna Business Services.

Todd Polyniak, who will perform in the role of lead auditor of the Sax LLP team, is a longtime industry professional. Todd is a Partner at Sax with over 30 years of in-depth auditing, accounting, and advisory experience, serving a multitude of industries. Todd has a bachelor’s degree in Accounting from Rutgers University, a Masters Certificate in Cannabis from the Cannabis Training University, and is a Certified Public Accountant (CPA) in both New Jersey and New York.

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Todd is a Partner at SAX, a Top 100 accounting, tax, and advisory firm in the nation. Due to his extensive knowledge in a wide range of industries, Todd has been tasked with kick-starting several new Practice areas for the firm over the years from conception to long-term success.

Currently, Todd leads Sax’s Cannabis Practice, and understands the intricacies of the rapidly expanding and evolving industry, and provides advisory services to cultivators, dispensaries, extractors, investors, and manufacturers to help structure entities and accounting practices. In the challenging and changing regulatory environment, Todd provides guidance on the license application process, proper financial reporting, cash management, internal controls, and minimizing taxes in all aspects of the seed-to-sale process.

Todd has presented over 100 educational programs to professionals and to the public. He has lectured on various accounting and auditing matters for organizations such as Fairleigh Dickinson University, Montclair State University, the Center for Non-Profits, the New Jersey Society of Certified Public Accountants’ Continuing Education Program, the State of New Jersey Department of Human Services, and New Jersey Department of Education. In addition, Todd is actively involved in the training and education of clients and staff on the new auditing standards put forth by the Auditing Standards Board.

Marissa Cortes, who will perform the role of Project Oversight and Reporting, is an executive with a robust track record of driving operational excellence and profitability spanning ten years in the cannabis industry.

With a focus on regulatory compliance, licensing, and operations, Marissa brings extensive experience in navigating the complexities of the cannabis industry. Her expertise lies in developing streamlined structures to facilitate effective decision-making across all levels of the organization. Marissa excels in analyzing organizational structures, refining business processes, and aligning internal strategies with crucial policy changes to enhance efficiency and performance.

As a strategic thinker, Marissa possesses a deep understanding of diverse business functions and principles. She leverages this knowledge to optimize operations, control costs, and achieve key financial and quality metrics. Her leadership style fosters innovation and drives continuous process improvement, delivering impactful results. Marissa's strong communication skills and client-centric approach enable her to build and maintain trusting relationships. She excels in dynamic environments, effectively prioritizing tasks and leveraging management technology systems to optimize performance.

Marissa has been instrumental in guiding companies through the intricate landscape of the cannabis industry beginning in 2014. Since then, she has owned, operated, and advised a multitude of cannabis businesses and agencies, led and reported on comprehensive compliance audits for financial institutions, and contributed to various other initiatives within the cannabis sector. Marissa's meticulous approach to compliance, coupled with her strategic leadership, has been pivotal in driving operational excellence and profitability in the companies and agencies she has supported in a myriad of capacities. She continues to set strategic priorities aligned with City of San Bernardino
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overarching objectives, optimizing operational dynamics, and supporting long-term growth initiatives within the cannabis space.

With extensive experience auditing and performing compliance checks for dozens of cannabis businesses spanning Southern to Northern California, Marissa Cortes has conducted thorough assessments both on-site and virtually, adapting to the challenges brought by the pandemic. This involved generating detailed 50-60 page audit reports that scrutinized essential aspects of California and local cannabis regulations, showcasing a deep understanding of the intricate regulatory landscape within the state.

Since Metrc's introduction in California in 2018, Marissa has been crucial in supporting companies across various license types including retail establishments, distributors, and indoor and outdoor cultivations, in implementing, streamlining, and cleaning up (or reconciling) Metrc accounts and processes.

January Riggin is a highly skilled and dynamic professional currently excelling as the Outreach Coordinator and Executive Assistant for our team at Canna Business Services.

Since 2020, January Riggin has been instrumental in managing the company's Customer Relationship Management (CRM) systems, ensuring meticulous data collection, and optimizing company organization. January's proficiency extends to executing clerical and administrative tasks with an exceptional eye for detail. She is particularly adept at overseeing the planning and implementation of effective outreach strategies, showcasing her strong project management and multitasking abilities.

In addition to her role at Canna Business Services, Ms. Riggin is the Founder and Executive Director of Soap2Hope, a non-profit organization she has led since 2019. In this capacity, she manages operations, finances, programs, staff, and volunteers, demonstrating her leadership and team management expertise. Her responsibilities also include strategic planning, fundraising, and nurturing stakeholder relationships, all geared towards fulfilling the organization's mission and goals. Her success in this role is highlighted by her effective oversight of Federal and State grants.

January Riggin's professional toolkit is rich with skills like exceptional customer service, email marketing, and a robust understanding of company policies. She is also skilled in managing correspondence and CRM management, which further underpins her comprehensive expertise in organizational and communication skills.

Lauren Miranda, who will perform the role of Technical Assistance Team Lead, is a Grove City College alumna with a BA in History and a minor in Political Science, is a dedicated Canna Business Services team member, with a flair for managing complex tasks and ensuring excellence in every project.

Currently thriving in her role as a Technical Support Team member and Client Liaison at Canna Business Services, Lauren’s skills support cannabis City of San Bernardino
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application clients and social equity applicants. Clients frequently provide overwhelmingly positive feedback for her work in the provision of educational materials. Lauren's academic background, including a study abroad experience at Lorenzo de Medici in Florence, Italy, has provided her with a global perspective and an appreciation for historical and political contexts.

This understanding is crucial in navigating the regulatory landscape of the cannabis industry and in supporting applications that align with social equity objectives.

Her prior experience at Barnes & Noble honed her organizational skills and customer service acumen. Lauren's ability to manage the sales floor, process book orders, and cater to online customer inquiries demonstrates her capability to handle multiple tasks efficiently – a vital skill for managing cannabis applications and interacting with diverse clients.

When working in her prior position at Integrity Improvements, Lauren's creation and maintenance of an inventory system, along with organizing employee and customer files and invoices, showcase her adeptness in managing detailed and confidential information. These skills are directly applicable to grant management and project coordination within the cannabis sector, ensuring that all documentation is meticulously handled and organized.

Lauren's prior work at the Oberlin Heritage Center further highlights her capacity for digital archiving and community engagement. Digitizing oral histories and managing social media content reflects her ability to preserve and present information in a compelling and accessible manner. This experience, combined with her assistance in educational programs, aligns well with the demands of educating and guiding social equity applicants in the cannabis industry.

Lauren Miranda is a versatile member of the Canna Business Services team, whose historical and political insight, combined with her technical writing skills and proficiency in client liaison, make her an invaluable asset in supporting cannabis application processes, social equity initiatives, grant management, and project management at the firm.

Lauren works directly on all of our projects with the City of Long Beach and the count of Mendocino and is intimately familiar with California state regulations, their unique challenges, CEQA, and many other requirements. She advises our clients weekly on how to remain compliant with their operating cannabis businesses, as well as provides guidance on how to be successful on both state and local applications in California.

Erinn Promo, who will perform the role of Technical Assistance Team Member, is a dynamic professional with a diverse background in technical writing and the cannabis industry.

Currently serving as a Technical Support Team Member at Canna Business Services since August 2021, Erinn plays a pivotal role in preparing competitive business applications and comprehensive technical writing for reports, standard operating procedures, business plans, and more. In this capacity, Erinn seamlessly integrates market research, compliance measures, and state and local regulatory requirements to ensure the success of clients in the ever-evolving cannabis landscape. Erinn also takes the lead in supporting the development and implementation of social equity programs, demonstrating a commitment to City of San Bernardino
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industry guidelines and fostering positive client relationships through engaging face-to-face meetings.

Beyond client interactions, Erinn's passion for education shines through in the creation of educational materials on cannabis regulations, compliance, and best business practices. This commitment extends to delivering compelling content for webinars and workshops, contributing to the empowerment and knowledge enrichment of stakeholders within the cannabis industry.

Erinn’s extensive skills in technical writing and support, Google Drive, Microsoft Office, and Monday.com have been honed through years of experience, including an additional current role as a Technical Writer and Researcher at J.M. Miller Engineering Associates, Inc. since January 2018. In this position, Erinn abstracts court depositions, creates detailed spreadsheets, and supervises the organization of case files. Additionally, Erinn plays a pivotal role in client communications, website maintenance, and drafting technical publications for the company's website.

Erinn's journey in professional development extends to the academic realm, where she served as a Peer Writing Consultant at the University of Michigan's Sweetland Center for Writing from 2016 to 2018. In this capacity, Erinn provided valuable insights and feedback to a diverse group of undergraduate students, covering a wide array of writing assignments. Furthermore, Erinn took on a mentorship role, guiding new Sweetland peer consultants in adapting to the environment and enhancing their skills and consulting strategies. Erinn Promo holds a Bachelor of Arts (B.A.) in English Language and Literature, General, from the University of Michigan's College of Literature, Science, and the Arts.

As a multifaceted professional, Erinn continues to leverage her expertise to make impactful contributions in both the technical writing and cannabis industries.

Maricela Breedlove, who will function in the role of Technical Assistance Team Member, brings a wealth of experience and expertise to the Canna Business Services team.

With a strong foundation in psychology from Oregon State University, Maricela possesses a keen ability to grasp intricate information and distill it into clear, concise, and user-friendly content for clients. Her skill set is multifaceted, with a primary focus on technical writing, social equity program support, and providing crucial education to applicants seeking application and business buildout assistance. Maricela's proficiency in creating precise technical documentation ensures compliance with state regulations and local ordinances, demonstrated through her meticulous editing of local and state applications for cannabis clients.

Furthermore, Maricela's adeptness in document management showcases her strong organizational skills, as she diligently tracks releases, updates, and maintains detailed documentation to uphold compliance standards. Her collaborative approach is evident in her ability to work effectively with cross-functional teams, developing technical content and processes that foster collaboration and adherence to policies. In addition to her technical writing prowess, Maricela boasts over four years of experience in copywriting, content creation, and City of San Bernardino
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marketing coordination, acquired through roles at Croud Advertisement Agency and Urge Interactive Agency. Her leadership in content creation has yielded compelling copy for diverse campaigns, contributing to significant brand recognition. Maricela's ability to provide consultative support in both English and Spanish further enhances her value to the team. Her professional achievements include streamlining documentation workflows, successfully managing multiple high-pressure projects, and implementing user-friendly document formatting and layout improvements to enhance the overall user experience.

Maricela works directly on all our projects with the City of Long Beach and the County of Mendocino, bringing extensive knowledge of California state regulations, CEQA, and the unique challenges they present. She advises clients weekly on maintaining compliance with their cannabis businesses and offers guidance on successfully navigating both state and local applications in California. Maricela Breedlove's versatile skill set, combined with her deep understanding of psychology, makes her an invaluable asset to the Canna Business Services team and its clients.

Abby Fisher, who will function in the role of Technical Assistance Team Member, brings a dynamic blend of creativity and analytical prowess to the Canna Business Services team.

Armed with a Bachelor of Arts in Visual Communications from Geneva College and a degree in Web Design from The Art Institute of Pittsburgh, Abby's diverse skill set encompasses photography, graphic design, web design, and proficient writing, complemented by expertise in the Adobe Suite and both Microsoft and Apple/Mac systems. This rich background uniquely positioned her for providing varying degrees of technical assistance and application support to the cannabis industry.

Since November 2020, Abby has played a pivotal role at Canna Business Services, harnessing her technical support, writing, and research skills to meticulously prepare applications for clients seeking cannabis licenses. Her responsibilities include conducting thorough research on business operations and state-specific cannabis regulations, alongside crafting tailored biographies for client applications. Abby's adeptness at merging analytical research with creative writing allows her to effectively present complex information in an accessible and compelling manner, a skillset essential for compliance auditing.

In addition to her contributions to compliance efforts, Abby has made significant strides in supporting social equity programs, providing education and guidance to clients in Washington State, the city of Long Beach and the county of Mendocino in California. She leads workshops, delivers educational webinars, offers personalized support, and develops educational materials, showcasing her commitment to empowering underserved communities.

Outside of her work with Canna Business Services, Abby serves as a contractor for New Life Presbyterian Church, where she effectively promotes church services and events through engaging newsletters, edited written materials, and vibrant graphics and media. Previously recognized as the Office Employee of the Year at Turner Dairy Farms, Inc., Abby's experience in City of San Bernardino
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customer service and marketing further underscores her ability to excel in roles requiring meticulous research and effective communication.

Abby Fisher's unique blend of creative and analytical abilities, coupled with her unwavering dedication to compliance and social equity, makes her an invaluable asset to Canna Business Services and its mission to support the domestic and international cannabis industry.

Abby works directly on all of our projects with the City of Long Beach and on Mendocino County and is intimately familiar with California state regulations, their unique challenges, CEQA, and many other requirements. She advises our clients weekly on how to remain compliant with their open cannabis businesses, as well as provides guidance on how to be successful on both state and local applications in California. She is also in regular contact with the Department of Cannabis Control (DCC) in the State of California to advocate for our clients’ needs.

Khylla Watson, who will perform the role of Technical Assistance Team Member, is a skilled professional writer and editor with deep experience in technical writing, creative writing, and content editing. She excels in producing high-quality, well-researched materials across various topics and industries, ensuring clarity, proper grammar, and adherence to client guidelines. Khylla possesses strong communication, problem-solving, and organizational skills, which she showcases in any role.

Since February 2023, Khylla has been a Technical Support Team Member for Canna Business Services. In this role, she writes research-based reports, presentation materials, standard operating procedures, scripts, business profiles, and other technical documentation. She revises documentation according to client and senior editor suggestions, ensuring clarity and consistency, and researches regulatory and industry information to develop technical content.

Khylla also works on local and state government procurement contracts in her role at Canna Business Services, demonstrating her ability to handle complex projects. Her collaboration with other writers and project managers highlights her ability to effectively contribute to team projects.

Khylla also has experience as a Freelance Content Editor at GlobalLogic, where she reviews and edits AI-generated content. Khylla holds an M.F.A. in Creative and Professional Writing from William Paterson University and a B.A. in English Writing from Bloomfield College. Her diverse experience and expertise in writing and editing make her a versatile and valuable professional in the cannabis industry.
b. Subcontractors
(i) Partnering with Sax LLP for Expert Financial Audits City of San Bernardino
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We will subcontract Sax, LLP to perform the following function within the scope of work outlined by the City:
● Facilitating yearly financial audits ensuring compliance with applicable laws Sax LLP is a top 100 accounting, tax, and advisory firm with over 65 years of experience serving closely held companies, family-owned businesses, nonprofits, and high-net-worth individuals.

Sax provides cannabis industry-specific expertise and a comprehensive range of services, driven by a client-focused approach. Through their unique Client Service Delivery Model, Sax helps clients turn their visions into reality, offering strategic advice to save money, optimize operations, and support growth. With a team of passionate, forward-thinking professionals, Sax delivers objective, actionable guidance that ensures compliance and drives success across a wide range of industries. Additional information regarding Sax, LLP can be found throughout this proposal.

5. Fiscal Stability:
a. The Proposer should provide evidence of corporate stability including:
(i) Tetra Growth Systems LLC, d/b/a Canna Business Services’ Experian Report
See current Experian report for our firm, beginning on the following page.

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6. Experience and Technical Competence:
a. Experience
(i) Our Firm’s Proven Experience and Technical Efficiency At Canna Business Services, our unwavering commitment to excellence in the cannabis industry stems from our extensive expertise and proven track record in supporting the development and implementation of robust cannabis programs to government agencies, including cities and counties, across the country. With a dedicated team boasting a collective 50+ years of comprehensive experience across all facets of the cannabis industry, from cannabis license application preparation and evaluation to expert advisement services in business buildout and compliance, we offer an extensive range of services tailored to meet the unique needs of our clients. Our award-winning support services span across the globe, accommodating both English and Non-English speaking clientele across 28 markets, including multiple localities throughout the State of California. Canna Business Services’ approach emphasizes effective communication and culturally sensitive methods to ensure the implementation of accessible and inclusive local cannabis programs.

Our expertise is further highlighted in our preparation, review, and evaluation of over 10,000 license application proposal documents nationwide, including business plans, diversity plans, neighborhood and community impact plans, safety and security plans, compliance plans, recordkeeping and reporting plans, ownership qualification forms, and community benefits and investment plans, and more. While many firms may boast general license application experience, few can showcase substantive and meaningful social equity program support experience. Our firm brings a history of in-depth support of municipal agencies in the rollout of their social equity programs, allowing us to provide license application and technical services to over 600 social equity applicants. From conducting analytical research and providing regulatory oversight to offering expertise in cannabis social equity programs, we navigate the intricate landscape of state and local regulations with precision and insight.

We are poised to leverage our unparalleled knowledge and experience to ensure the City’s success in fostering a compliant, successful cannabis program. Utilizing our experience in developing and evaluating tens of thousands of pages of license application SOPs, narratives, and plans for all license types across the country, we are confident in our ability to showcase the City of San Bernardino as a leader in the provision of a stand out cannabis program. Our team has been intimately involved in California’s ever-evolving legal cannabis landscape, supporting our client base as they navigate state and local licensure and serving local governments in correcting and progressing their cannabis programs. This experience also prepares us to understand the unique challenges that face program participants in both urban and rural areas, as we have supported the City of Long Beach on multiple facets of their program and the County of Mendocino in the provision of technical support for program participants.

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Canna Business Services works inextricably with the accounting team at Sax, LLP to build a financial model for our clients that is not based on high level market data, which is commonly how accountant-prepared projections are built, but that we provide real and current data based on our team's in-depth ongoing work across the country. This has allowed our clients to build projections and financial models that are industry-specific, based on real data, and built to place in front of potential investors. We are frequently used by clients with operating businesses in a compliance position where we provide guidance on the impacts of 280E, changes to State 280E laws and the impact of decoupling from the federal 280E laws. We also provide ongoing advisory support to our operational clients as they seek to make operational decisions based on financials. As part of our post-licensure support, we bring in our financial advisory team, to support our client's hiring of qualified financial division employees, such as CFOs, bookkeepers, and CPAs. We train our clients to utilize a 13 week rolling cash flow, so that they can make decisions "looking forward" to the next quarter, rather than looking backwards into financial history. We also teach them how to prepare financial division SOPs, daily bookkeeping reconciliation, transaction categorizations, monthly reconciliations, point of sale and seed to sale platform purchasing and compliance decisions, and more.

Sax has committed to building a robust cannabis consulting practice, headed up by Todd Polyniak, who has over 30 years of in-depth experience, serving a multitude of industries. As the leader of the Sax cannabis team, Todd advises companies on how to best navigate the complicated regulations, and challenging accounting and tax issues in this rapidly evolving market. He is an established thought-leader in the space, with a successful podcast called "Good Morning Cannabis", and is a co-founder of the NY Metro area networking group called "420CANNect". Laws and regulations surrounding the market are evolving fast, and cannabis growers, extractors, distributors, and retailers must be mindful of ever-changing federal and state guidelines to grow and thrive in this competitive industry. This is why Sax believes that it is imperative that you have the right team in your corner - it's not just a CPA, or just an attorney - it's all about surrounding yourself with the right resources to help you achieve your goals. This is where Sax can help - our tenure in the industry has enabled us to build a network of valuable resources to help our cannabis clients navigate these complex waters. Our audit, tax and advisory team provides superior advisory services to all segments of the market. Whether you own or operate a medical or retail dispensary, cultivation facility, or manufacture and distribute products, Sax provides financial guidance from seed-to-sale. We can help your cannabis business navigate a wide range of complex tax issues, such as 280E and 471c, manage and increase cash flow, appropriately prepare financials for review, implement a strong compliance program and build an infrastructure that sets you up for long-term growth and success. Here are some reviews from our clients:

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“Your work has always been of the highest quality. Deliverables arrive on time containing insights and guidance for the clients. But more importantly, you always go well beyond the required deliverables and services. There is always context. You always put the client first. You communicate sometimes difficult concepts and issues clearly and in our language." - John Uzzi “When opening up our dispensary, finding a good accountant/bookkeeper was a huge pain point for us. With all of the regulations that we have to follow in the cannabis industry, we wanted to do our due diligence in order to find the perfect partner for our company. After months of working together, we couldn’t be happier with Todd and the Sax LLP team." - Anthony Lotti, CEO
Canna Business Services will dedicate 10 staff members to supporting the City of San Bernardino with cannabis monitoring and financial auditing services. With Canna Business Services’ business registration in California, our domestic California entity, The Canna Mind’s location in Sacramento, California, and our staff located in every time zone across the country, we are confident that we can provide the hours, staff, and support required to successfully and sustainably execute the proposed scope of work.
(ii) Staff Experience in Delivering Similar Services
Since 2017, our team has provided on-site and virtual compliance auditing of licensed California cannabis businesses, giving us keen insights into understanding the complexities that cannabis business owners face. This experience also includes supporting California businesses in implementing the METRC reporting system, a critical aspect to remaining compliant on the state and local level. Our experience spans across the State of California, on both the state and local level, providing substantive services across the entire vertical of business ownership– from license application support, to business buildout and compliance, our Canna Business Academy of education programs for applicants and business owners, and government cannabis and social equity program support services.

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Description of Canna Business Services’ client wins
(iii) Years of Operation and Public Sector Experience
Canna Business Services has been in the business of providing cannabis business services to individual clients, municipalities, counties, and state agencies for 6 years, since its inception in 2018. Everyone on our team is a subject matter expert, experienced in compliance checks of applications and well versed in California cannabis regulations. We have, collectively, ten years of experience supporting public agencies in the State of California in various capacities with their Cannabis programming. We have worked with a large number of municipalities throughout many states across the U.S. Canna Business Services has educated mayors, city councils, variance boards, and planning boards on how to best create and navigate local and state regulations to support a responsible, compliant cannabis industry. We have also worked deeply with municipalities on building their local cannabis programs and taught them about building applications, presentation requirements, potential pitfalls, and best practices. (iv) Canna Business Services’ References
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services 33 Name of Project State of Washington Social Equity in Cannabis Technical Assistance Mentorship Program Request for Proposals
Client
Description
State of Washington
Primary Contact Elijah Moon, Specialized Industry Program, Grant, and Contracts Manager Contact
Information
[email protected] (360) 701-8273, 2001 6
th Avenue, Suite
2600, Seattle, WA 98121
Packet Page. 216
Name of Project Long Beach, Cannabis 1:1 and Group Technical Support Client Description City of Long Beach, California
Primary Contact Jimmy Villareal, Cannabis Equity Program Specialist Contact
Information
[email protected] (562) 570-5250 411 W. Ocean Blvd., 10th Floor Long Beach, CA 90802
Project Summary Canna Business Services is currently contracted to provide consultation and business development services for social equity applicants seeking to open cannabis businesses in the City of Long Beach, California. We are providing comprehensive data analysis and reports on municipal planning priorities to City stakeholders and social equity applicants to ensure a sustainable buildout of the City's social equity cannabis program. We are educating social equity applicants on business development principles and the technical details of the cannabis industry through workshops and educational materials targeted to specific needs within the community. We are also providing a basic set of course materials on cannabis business startups for social equity applicants to be housed on the City website as a public educational resource. (Services commenced in September 2022, and are ongoing. Our contract was renewed with Long Beach in September 2023 for another 12 months and again in September 2024 for 12 months.) City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services 34 Project Summary Canna Business Services was contracted to provide full-service, effective advice to individuals seeking to participate in the State’s social equity program. This contract requires ongoing support to participants seeking to enter into the program, and once accepted, ongoing support for participants embarking on their cannabis business journey. We were selected due to our deep basis of understanding in issues regarding social equity and cannabis prohibition and are working in assisting Social Equity Applicants throughout the country. The State selected contractors experienced in the following fields: Accounting Professionals; Cannabis Business Experts; Financing / Fundraising / Venture Capital Specialist; Legal Professionals; Real Estate professionals; Rules & Regulations; Security Professionals; Social Equity; Taxes; Traceability; and other applicable fields. We are providing learning experiences in the form of pre-recorded webinars, live workshops, one-on-one technical support, and open office hours.

Packet Page. 217
Name of Project Technical Assistance, Education, and Business Planning Services for Social Equity Applicants in Mendocino County
Client Description The County of Mendocino
Primary Contact Sara McBurney, Senior Program Manager at County of Mendocino Contact
Information
[email protected]
707-234-2879
Cannabis Department
860 N. Bush Street, Ukiah, CA 95482
Project Summary Engaged by the County of Mendocino to provide technical assistance, compliance services, application support, and business education to 300+ social equity qualified applicants in Mendocino County.

Canna Business Services will provide asynchronous and synchronous webinar opportunities for cannabis business owners and potential owner-operators in Mendocino County to learn more about compliance and business operations in the cannabis space. Canna Business Services supports applicants throughout both the local and state licensing application processes.

We are educating social equity applicants on business development principles and the technical details of the cannabis industry through workshops and educational materials targeted to specific needs within the community.

After being selected for this contract, we conducted a meet and greet with the community to an extremely positive reception after they experienced dissatisfaction with their last provider. One community member stated: “I don’t know if it’s possible to fall in love with a technical assistance provider, but I did.”
(v) Local Experience and Knowledge of the City of San Bernardino Canna Business Services has a thorough understanding of California’s cannabis regulations, including Proposition 64 and San Bernardino Municipal Code Chapter 5.10. We are familiar with the City’s regulatory framework, including the amendments made with Ordinance MC-1503 and the cannabis tax measure approved by voters in 2018. Our experience working with other municipalities in California equips us to navigate San Bernardino’s specific requirements and provide effective monitoring and financial audit services. We are committed to aligning our approach with the City’s objectives and ensuring compliance at both the state and local levels. b. Project Specific Experience
(i) Overview of Relevant Service Contract Experience
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 218 35
The City of Long Beach, California – Technical Assistance to Cannabis Social Equity Program Participants
(a) Role of the firm: Our role in the Long Beach Cannabis 1:1 and Group Technical Support project is to provide consultation and business development services for social equity applicants in the City, including data analysis, reports on municipal planning priorities, and educational workshops on cannabis business development. (b) Dollar value of the services: $433,626.00
(c) Dollar value of the fee: $150 per hour for all staff assigned to project (d) Description of the services: Services previously and currently rendered include providing consultation and business development assistance to social equity applicants, conducting data analysis and creating reports on municipal planning priorities, and delivering targeted workshops and educational materials on cannabis business development.

Additionally, we develop foundational startup resources for social equity applicants, which are made publicly available on the City’s website to enhance community access to vital information.
(e) Staffing:
○ Program Principal/Executive
○ Project Manager and Oversight
○ Compliance Specialist
○ Technical Support Team Lead
○ Technical Support Team Members (6)
(f) Duration of providing services: October 2022-Present. Contract recently renewed for 2024-2025.
(g) Relationship to client: Our relationship with the City of Long Beach is collaborative and focused on open communication with key stakeholders, particularly with Jimmy Villareal, the Cannabis Equity Program Specialist. This partnership fosters trust, ensuring we effectively align our efforts with the City’s goals for social equity in the cannabis industry within Long Beach, California.
(h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Jimmy Villareal, Cannabis Equity Program Specialist, Economic Development Department, City of Long Beach Business Development Bureau, (562) 570-5250, [email protected]
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 219 36
The County of Mendocino, California – Cannabis Grant Program Administration Services (a) Role of the firm: Our role in the Grant Program Administration Services project for applicable grant program awardees in Mendocino County is to provide comprehensive support and guidance to over 300 qualified Mendocino County licensees, ensuring they navigate the local and state licensing and operational processes, requirements, and regulations effectively while addressing their specific needs within their business and license type.
(b) Dollar value of the services: $179,926.32
(c) Dollar value of the fee: $150 per hour for all staff assigned to the project (d) Description of the services: Canna Business Services currently provides business development education and technical assistance support to qualified applicants and licensees in Mendocino County. Our services include compliance guidance and educational opportunities through both asynchronous and synchronous webinars focused on cannabis business operations, customized support, 1:1 technical support meetings, and more. We develop tailored workshops and materials to address the specific needs of the community, helping applicants understand business development principles and successfully navigate the local and state licensing processes. (e) Staffing:
○ Program Principal/Executive
○ Project Manager and Oversight
○ Compliance Specialist
○ Technical Support Team Lead
○ Technical Support Team Members (6)
(f) Duration of providing services: March 2024 through Present (g) Relationship to client: We have built a strong partnership in a short period of time with the County of Mendocino and our point of contact and Senior Program Manager at the County, Sara McBurney. The County has shared positive feedback from program participants regarding Canna Business Services’ support. (h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Sara McBurney, Senior Program Manager, Cannabis Department – County of Mendocino, 707-234-2879, [email protected]
The State of Washington Department of Commerce – Social Equity in Cannabis City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 220 37
(a) Role of the firm: For the State of Washington’s Social Equity in Cannabis Technical Assistance Mentorship Program, our firm’s role was to provide technical support and guidance to applicants looking to apply for a cannabis business license through Washington’s social equity program.
(b) Dollar value of the services: $39,975.00
(c) Dollar value of the fee: $150 per hour for all staff assigned to project (d) Description of services: Canna Business Services was contracted to provide full-service, effective guidance to individuals seeking to participate in the State’s social equity program. We provided learning experiences in the form of pre-recorded webinars, live workshops, one-on-one technical support, and open office hours. (e) Staffing:
○ Program Principal
○ Program Manager
○ Principal Application Planner
○ Translation Services
○ Senior Application Planner (2)
(f) Duration of providing services: February 2022 through June 2022 (g) Relationship to client: In our engagement with the State of Washington for the Social Equity in Cannabis Technical Assistance Mentorship Program, we developed a strong, collaborative relationship with our primary contact, Elijah Moon. Through regular communication and feedback sessions, we tailored our services to meet the needs of program participants, ensuring alignment with the State’s objectives. This proactive approach not only facilitated applicants' understanding of the cannabis licensing process but also fostered trust and partnership with the State, resulting in positive outcomes for all involved.
(h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Elijah Moon, Specialized Industry Program, Grant, and Contracts Manager, Washington State Department of Commerce, (360) 701-8273, [email protected] (ii) Canna Business Services’ Statement of Integrity and Compliance We affirm that none of the following have occurred at any time since the inception of Canna Business Services in 2018 within the company and its staff members:
● Failure to enter into a contract or professional services agreement once selected.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 221 38
● Withdrawal of a proposal as a result of an error.
● Termination or failure to complete a contract.
● Debarment by any municipal, county, state, federal, or local agency. ● Involvement in litigation, arbitration, or mediation. ● Conviction of the firm or its principals for violating antitrust laws, bid rigging, collusion, or any related laws.
● Knowing concealment of a deficiency in prior contract performance. ● Falsification of information or submission of fraudulent statements. ● Willful disregard for applicable rules, laws, or regulations. c. Technical Competence
(i) In-House Resources and Communication Tools
Canna Business Services will communicate with City staff via email, phone, and video conferencing. We will have a dedicated zoom line and email address devoted to all communications for this project, to ensure streamlined and prioritized communications between the City of San Bernardino and Canna Business Services.

We use Calendly as a primary scheduling tool and different types of meetings or walk throughs will be available depending on the City’s exact needs. See the sections below for more information.

We use Monday.com as our project management software for all of our projects. This ensures our team is fully trained and uses the program effectively. Monday.com helps us track data, ensure projects are completed on time, and clearly communicate with our employees. Monday.com is one of the top rated project management platforms on the market.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 222 39
Sample Monday.com platform for Project Management
Our policies regarding online data storage are stringent, as we have held confidential and personal information for hundreds of clients throughout the world, including bank statements, social security numbers, criminal records, tax returns, birth certificates, and more. Our staff is trained and re-trained throughout each year on the importance of client confidentiality and privacy. Our documentation will be restricted to only permitted Canna Business Services team members and dedicated San Bernardino staff. Our files are stored on Google Drive, which is an encrypted file storage program. Google utilizes heightened security encryption protocols for uploading, accessing, and downloading of files stored on its platform. Files in transit are generally at increased risk of hacking, regardless of platform used, and for this reason, Google uses stronger encryption for files in transit.1 Our systems have consistently resulted in great 1 Google Drive uses 256-bit SSL/TLS encryption for files in transit and 128-bit AES keys for files at rest, according to All Things Secured, https://www.allthingssecured.com/tips/how-secure-is-google-drive/, March 18, 2023.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 223 40
feedback from clients who may otherwise find themselves getting lost within the paperwork. We will handle the documentation organization and Master Spreadsheet preparation and information gathering, to eliminate any barriers with the use of technology among participants. Our goal is to have ongoing communication with the designated members of San Bernardino to keep them informed of the current status of the overall project and individual deliverables. We typically suggest 2 meetings per month (every other week), at minimum, so that you are aware and kept abreast of all open projects and their status. This open communication policy has allowed cities such as the City of Long Beach to receive continually outstanding feedback from their program participants. Our goal for the City of San Bernardino will be the same. (ii) Our Firm’s Diverse Expertise for Comprehensive Services Our multidisciplinary team consists of 10 highly skilled professionals with expertise spanning law and regulation, cannabis monitoring, financial auditing, cannabis accounting, project management, technical assistance, and much more. Led by Emily Sisneros, Esq., as Program Director/Executive, our team includes a dedicated project manager, auditors, and technical specialists, each with extensive experience in their respective fields. This diverse skill set ensures comprehensive support for the City of San Bernardino’s needs, allowing us to efficiently address all aspects of the proposed scope of services. Canna Business Services is fully equipped to scale resources as needed, ensuring flexibility and timely response throughout the contract's duration.

7. Proposed Method to Accomplish the Scope of Work:

Overall Implementation Plan
This section provides a general overview of our platforms, approach, and methodology used to accomplish the scope of work. A more specific and detailed plan can be found under each section of the scope of work broken down below.

Project Launch Kickoff
Canna Business Services and City of San Bernardino will begin the project with a Project Launch Kickoff, where all parties and roles will be introduced. This meeting will allow the teams to confirm contact information, communication roles, and the agreed upon sequence of project milestones. Through this kickoff meeting, Canna Business Services will be able to discuss with the City the program itself, learn and give insight into the program to maximize effectiveness, and gather information to analyze the current program against similar programs, as well as discuss next steps. This meeting will inform which city representatives we will need to be in regular contact with and what their role will be in the overall processes.

Program Development
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 224 41
After the kickoff meeting, Canna Business Services will schedule regular, bi-weekly meetings or monthly meetings with relevant City of San Bernardino staff to set project goals, milestones, and assess internal capacity.

Project Management
We will provide project management and oversight to ensure effective and streamlined communication between the City, business owners, and Canna Business Services as well as third party vendors who the business owners may have engaged. Every member of our team is highly qualified and trained on instructing educational courses on varying aspects of the cannabis industry, standard operating procedures (SOPs), robust technical support training, compliance and regulations, especially in California, and ongoing training as needed. Our team is located in every time zone within the country, so that we can best support the City’s needs at virtually any time. Our team works beyond the strict confines of a Monday through Friday, 9am to 5pm work week. Instead, we offer support 24/7 via email, phone, and text message. Emails, calls, and text messages will be responded to within a maximum of 24 hours from receipt. In our experience, however, we generally respond to email outreaches within 30 minutes of receipt.

Canna Business Services will communicate with designated City staff via email, phone, and video conferencing. We will have a dedicated Zoom line and email address devoted to all communications for this project to ensure streamlined and prioritized communications between City staff, business owners, and Canna Business Services.

As mentioned above, we will utilize Calendly as a primary scheduling tool and different types of meetings or interviews will be available depending on what the business owner or city is looking for and Monday.com Project Management Platform to ensure all projects are appropriately tracked and completed on time.

Preferred Partner For Financial Audits
We have brought our preferred partner, Sax LLP, on board to complete financial audits for this contract. Sax LLP’s differentiation is in their approach - they are business people with expertise in accounting, not the other way around, which is why they strive to bring new ideas to the table that help business owners exceed their goals. The better Sax understands the cannabis business, its marketplace, and its people - the better they can be in helping that business to achieve its business initiatives. This is particularly important in the Cannabis Industry - which has been subject to more change and uncertainty than virtually any other market segment. The Sax team strives to be both consultative and proactive which is why they meet with clients, at a minimum, quarterly so there is always a scheduled touch point. They encourage their clients to include their engagement team in these meetings so that Sax can focus on the most important issues at hand and drive success together.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 225 42
Annual Financial Audits
Sax will conduct an annual financial audit, ensuring compliance with applicable laws, for each permitted cannabis business that has operated for a full year. Sax will gather all of the following information to be included in the audit:
● Review Point-of-Sale (POS) system structure
● Review inventory system (subject to METRC data)
● Analyze and compare POS data with other available data sources, including:
● City cannabis tax returns
● State tax returns
● Federal tax returns
● METRC sales and inventory data
● CDTFA data
● Bank statements
● ATM or other merchant statements
● Sales receipts
● Other financial documents as available
● Identify any variances or over/under reporting
● Calculate any taxes or fees due to the City
● Prepare and issue a draft audit report for city to review prior to issuance to the cannabis business
● Prepare and issue a draft audit report with city input for the cannabis business ● Prepare and issue a final report
● Assist the City with dispute resolution on the audit report by communicating any disputes and suggested resolutions with City staff.

Sax will provide a draft audit report to the cannabis business. The business will be given appropriate time to respond or appeal their report in accordance with city ordinance, if applicable. Sax will review any documentation provided by the business to dispute the findings and will adjust the tax assessment appropriately prior to issuing the final report to the City.

Proposed Financial Audit Timeline
The proposed timeline from start to finish for an audit is 2-6 weeks per business; many audits will be able to be completed simultaneously. It may be longer depending on the complexity of a business and its financials.

Monitoring Compliance with City Ordinance(s), and State and Local Laws through Inspections
Canna Business Services has an experienced team that has conducted compliance inspections of cannabis businesses across the nation, with a primary focus on California. In particular, our cannabis compliance team has worked extensively with numerous cannabis businesses in the City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 226 43
State of California to ensure compliance with local and state regulations, as well as to complete comprehensive inspection reports, both detailed and summary.

Canna Business Services share with the City and business owners a compliance checklist. The checklist will include the following major sections:
❖ Federal Requirements
❖ State Requirements
❖ Local Requirements
❖ City Ordinances
❖ Security, Alarms, Locks, and Video Surveillance
❖ Cash Management
❖ Records, Badging
❖ Inventory Management and Inventory Assessment, including access control ❖ Waste Management
❖ Transportation documentation
❖ Packaging and Labeling
❖ Other items as necessary in compliance with laws and regulations Each of these sections in the checklist will be reviewed by a qualified Canna Business Services employee. Each regulation at the federal, state, and local level will be checked at the business and improvements needed will be listed out in the report. The report will be issued to both the business owner and the City.

Canna Business Services prefers to conduct these inspections virtually when possible. Covid-19 changed the way that people participate in work and life. Many of us learned that virtual meetings can save valuable time and travel requirements. In order to reduce the fees in our cost proposal, we can eliminate the cost of travel, and instead work with the business owner over Zoom video conferencing. Many companies today, including our own, have successfully transitioned to the virtual space for these reports, and as a result, save our clients both time and money.

Proposed Compliance Inspection Timeline
The timeline for Canna Business Services to begin compliance inspections for cannabis businesses would be in month 3 of the contract. During the first month, we plan to work with the City to ensure the compliance checklist and included items meet the City of San Bernardino’s approval. The time to complete each inspection should be about 4 hours virtually. This range is dependent on the facility size and scale of activities located there. A final report will be prepared upon completion of an inspection.

Conduct Background Checks
City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 227 44
Canna Business Services will conduct background checks for all business owners. Background checks will be conducted on employees of the businesses on an as needed basis. Background checks will comply with all relevant federal, state, and local laws.

Proposed Background Checks Timeline
Background checks will be conducted as required, typically within 3 to 4 weeks from the date of the request.

Plan Review Services
Our approach to Plan Review Services focuses on ensuring compliance with all relevant state and local regulations as well as city ordinances. Canna Business Services will conduct a thorough review of a business’s plans and provide feedback to align them with legal requirements, and collaborate closely with business owners and city officials to facilitate timely approvals. Our team remains up to date on code and regulations and offers ongoing support throughout the process to ensure a smooth and compliant review.

Proposed Plan Review Services Timeline
Plan checks will be completed within 1-2 weeks from date of receipt depending on the complexity of the plan.

Conduct Virtual Pre-Licensing Inspections
Canna Business Services will ensure all requirements are met by conducting detailed virtual pre-licensing inspections. Our team will verify compliance with applicable city ordinances and local and state regulations, check the facility’s readiness for operations, and provide feedback on any necessary adjustments. Finding will be detailed in a summary report including relevant recommendations. We will work closely with applicants and the City to address issues promptly, ensuring the applicant is well-prepared for final approvals.

Proposed Pre-Licensing Inspection Timeline
Pre-licensing inspections will be completed within 2-3 weeks of receipt of the request.

City of San Bernardino
Canna Business Services and Sax, LLP
Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 228 45

PROPOSED BUDGET AND DELIVERABLES
*We offer these services through our discounted hourly rate of $175. We typically charge $200-$250 per hour for similar services. Rates are based on 15 licensed cannabis businesses existing in San Bernardino. Cost proposal can be adjusted based on the number of operating businesses.

Description of Deliverable Estimated Hours Hourly Rate Flat Rate Total Rate Project Management and Meetings with the
City
Inspections
Financial Audits
Background Checks -
Plan Check
Development of Materials and Other
Resources
Technical and Policy Expertise
We are open to discussing and adjusting
any of the above numbers.
(monthly + additional as needed meetings
with the city and two representatives from Canna
Business Services
Canna Business Services will
create checklists specific to San Bernardino
cannabis businesses and complete facility
compliance inspections of the associated
businesses as needed and annually. We
estimate completing approximately 15
inspections annually. We estimate 5 hours per
inspection - 2 hours for the facility inspection,
either on site or remote with a guide; 2 hours for
the report to be drafted; 1 hours for
communications and prepping for inspection /
reviewing the checklist
- includes per business fee of
$3000 + $500 in travel fees (15 cannabis
businesses)
includes 4 hours of review and
support per business for each of the estimated
fifteen licensed cannabis businesses. *As
needed to ensure laws and regulations are
complied with
(i.e. inspection and building checks
particular to San Bernardino items resulting from
technical assistance and City and CBS meetings,
business owner follow up, etc.)
Expected to be
at approximately 5 hours per month. This section
includes as needed Virtual Pre-Licensing
Inspections.
(for 12 months)
(for 12 months)
(for 12 months)
28 $175 $0 $4,900.00
75 $175 $0 $13,125.00
Flat Rate $0 $3,500 $52,500.00
(The hourly rate is per
application review, technical support, and formal
submission est. at 3 hours per person. Est. 3
people per business)* 135 $175 N/A $23,625.00
-
60 $175 N/A $10,500.00
30 $175 N/A $5,250.00
60 $175 N/A $10,500.00
Stand-alone Email Address for Communication
with participants & the City N/A $0 $96 $96
Paid Zoom Line for meetings with San
Bernardino and technical support with
participants as needed N/A $0 $180 $180
CBS Staff Training related to San Bernardino
Specific Processes 25 $85 0 $2,125.00
Total Fee Estimate $122,897.00
The hour ranges listed above are estimated hours only and based on our extensive work across the country in supporting clients in their comprehensive cannabis projects. Thus, our goal is to provide services in a timely and efficient manner, while prioritizing thoroughness, effectiveness, and quality for the City of San Bernardino. The hourly rates listed above apply to all Canna Business Services team members assigned to the project. *Subject to change depending on scale of San Bernardino cannabis businesses and their employee turnover rates. We also are happy to move funds, if still available, from the background check section above to the compliance review section if needed.

Calendly for scheduling N/A $0 $96 $96

8. Fee Proposal
Packet Page. 229

9. Insurance
If selected as the winning bidder, we will fully comply with the City of San Bernardino’s insurance requirements. Prior to commencing work, we will provide evidence of all required insurance, including commercial general liability, automobile liability, workers' compensation, and professional liability. The City of San Bernardino and its representatives will be named as additional insureds, and we will ensure all policies meet the specified coverage limits and endorsements. We will also guarantee that any subcontractors adhere to the same insurance standards and maintain coverage throughout the project’s duration.

10. Litigation
Canna Business Services confirms a clean litigation record, with no pending legal matters that could jeopardize our proposal, existing contracts, or operational stability. Operating with transparency and integrity, we manage risks diligently. Our proposal rests on a stable foundation, free from legal encumbrances. Neither our firm nor team members have faced lawsuits, claims, or settlements of any kind. CEO Emily Sisneros, Esq., maintains an unblemished professional history, ensuring our commitment to legal and ethical integrity.

11. Other Information
Our firm has a full track record of delivering projects timely and within budget, supported by our experienced staff and through our established and efficient processes. We utilize our trusted project management platform, Monday.com, to manage tasks, track progress, and allocate resources effectively. This ensures all project milestones are met according to the agreed upon schedule between the City of San Bernardino and Canna Business Services. The Monday.com project management platform allows us to maintain transparency and quickly adapt to any challenges that arise. Our listed references will also attest to our consistency in adhering to deadlines and staying within budget while exceeding expectations through open communication and proactive problem-solving.
a. Description of community involvement.

Canna Business Services is deeply committed to supporting the communities in which we work.

We actively engage in social equity initiatives, offering education and technical assistance to help underrepresented groups succeed in the cannabis industry in California and across the United States. Our firm has led community outreach programs in cities and counties in California, where we partnered with local governments to provide workshops and one-on-one consultations for social equity applicants (additional information referenced in above sections). These programs were designed to empower individuals with the knowledge and resources needed to navigate the complex licensing process, fostering diversity and inclusion in the industry.

In addition to these efforts, we contribute time and resources to SERT Ministries, which focuses on rescuing individuals involved in human trafficking and providing them with pathways to City of San Bernardino
Canna Business Services and Sax, LLP
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restoration through faith. We support SERT's mission by participating in outreach efforts dedicated to helping those in need. We also actively support Soap2Hope, a nonprofit organization that provides vital services to vulnerable communities, including survivors of trafficking and sexual exploitation. Through our involvement in fundraising and sponsorship efforts, we help amplify the impact of these programs, ensuring that critical resources and support reach those in need. Our dedication to community involvement is a reflection of our broader mission to create meaningful, positive change both within the cannabis industry and in the communities we serve.
b. Description of any previous involvement with the City.

Canna Business Services has not previously engaged in any projects/contracts with the City of San Bernardino.
c. A statement that the Proposer has no conflicts of interest in connection with providing the Services.

To avoid conflicts of interests, all team members are required to sign stringent Confidentiality, Non-Competition, and Non-Disclosure Agreements. Furthermore, when engaged in contracts, we do not engage in contracts with program participants that would otherwise conflict with the terms of this contract. We operate with full transparency, and any indication that a client of Canna Business Services would create a conflict of interest with our services to the City of San Bernardino will be first disclosed to the City to obtain their express permission to engage. At this time, Canna Business Services does not service any clients that present a foreseeable or potential conflict of interest.

12. Certification of Proposal
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

13. Appendices
None applicable for this proposal.

City of San Bernardino
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Proposal for Cannabis Monitoring and Financial Audit Services Packet Page. 231 48

PROPOSED BUDGET AND DELIVERABLES
*We offer these services through our discounted hourly rate of $175. We typically charge $200-$250 per hour for similar services. Rates are based on 17 licensed cannabis businesses existing in San Bernardino. Cost proposal can be adjusted based on the number of operating businesses.

Description of Deliverable Estimated Hours Hourly Rate Flat Rate Total Rate for In Person / Rate for all other deliverables Total Rate for all Virtual + less
than 10 Background Checks
Project Management and Meetings with the
City (monthly + additional as needed meetings
with the city and two representatives from Canna
Business Services) - all virtual 28 $175 $0 $4,900.00 $4,900.00 Inspections Canna Business Services will create
checklists specific to San Bernardino cannabis
businesses and complete facility compliance
inspections of the associated businesses as
needed and annually. We estimate completing
approximately 17 inspections annually. We
estimate 5 hours per inspection - 2 hours for the
facility inspection, either on site or remote with a
guide; 2 hours for the report to be drafted; 1 hours
for communications and prepping for inspection /
reviewing the checklist. If there is an in person
inspection conducted, that will add an additional
$500 to each inspection estimate of $875 (for a
total of $1375 per inspection) 85 $175 $0 $23,375 $14,875.00 Financial Audits - includes per business fee of
$3000 (cost of financial audit if virutal) + $500 in
travel fees if conducted in person (for a cost of
$3500/ business) (17 cannabis businesses) Flat Rate $0 $3,500 $59,500.00 $51,000 Background Checks - (Flat rate of $100 per
background check estimating 10-20)* -- Flat Rate
of $60 per background check if less than 10 are
needed - estimated at 9 for this cost proposal Flat Rate $0 $100 $2,000.00 $540 Plan Check - includes 4 hours of review and
support per business for each of the estimated
fifteen licensed cannabis businesses. *As needed
to ensure laws and regulations are complied with - all virtual 60 $175 N/A $10,500.00 $10,500.00 Development of Materials and Other Resources (i.e. inspection and building checks particular to San Bernardino items resulting from
technical assistance and City and CBS meetings,
business owner follow up, etc.) 30 $175 N/A $5,250.00 $5,250.00 Technical and Policy Expertise Expected to be
at approximately 5 hours per month. This section
includes as needed Virtual Pre-Licensing
Inspections. - all virtual 60 $175 N/A $10,500.00 $10,500.00 Stand-alone Email Address for Communication with participants & the City (for 12 months) N/A $0 $96 $96 $96 Calendly for scheduling (for 12 months) N/A $0 $96 $96 $96 Paid Zoom Line for meetings with San Bernardino
and technical support with participants as needed
(for 12 months) N/A $0 $180 $180 $180
CBS Staff Training related to San Bernardino
Specific Processes 25 $175 0 $4,375.00 $4,375.00
Total Fee Estimate $120,772.00 $102,312.00
Travel Not to Exceed - $17,500 per year
The hour ranges listed above are estimated hours only and based on our extensive work across the country in supporting clients in their comprehensive cannabis projects. Thus, our goal is to provide services in a timely and efficient manner, while prioritizing thoroughness, effectiveness, and quality for the City of San Bernardino. The hourly rates listed above apply to all Canna Business Services team members assigned to the project. We are open to discussing and adjusting any of the above numbers. *Subject to change depending on scale of San Bernardino cannabis businesses and their employee turnover rates. We also are happy to move funds, if still available, from the background check section above to the compliance review section if needed.

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